Judgment No. 3197
The application for review is dismissed.
The Tribunal dismissed the application for review of Judgment 2946, as there was no new fact giving rise to review.
"[A]s provided in Article VI of the Statute, the Tribunal’s judgments are final. Accordingly, they are subject to the application of the principle of res judicata and will only be reviewed in exceptional circumstances and on limited grounds. That is, “failure to take account of particular facts, a mistaken finding of fact that involves no exercise of judgment, omission to rule on a claim and the discovery of some new facts which the complainant was unable to invoke in time in the [earlier] proceedings” (see Judgment 1952, under 3)."
ILOAT reference: Article VI of the Statute
ILOAT Judgment(s): 1952
application for review; admissible grounds for review; res judicata
"The Tribunal explained in Judgment 2693, under 2: 'A new fact is a fact on which the party claiming it was unable to rely through no fault of its own; it must be a material fact likely to have a bearing on the outcome of the case (see Judgments 748, under 3, 1294, under 2, 1504, under 8 and 2270, under 2).'"
ILOAT Judgment(s): 748, 1294, 1504, 2270, 2693
application for review; new fact on which the party was unable to rely in the original proceedings; judgment of the tribunal; condition; effect