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Judgment No. 4569

Decision

The application for review is dismissed.

Summary

The complainant has filed an application for review of Judgment 4440.

Judgment keywords

Keywords

application for review; summary procedure; complaint dismissed

Consideration 4

Extract:

[T]he complainant simply challenges the legal assessments made by the Tribunal in the two judgments in question, as he has already done in his application for review of Judgment 4370. However, these may not be challenged in an application for review (see Judgment 4440, consideration 4).

Reference(s)

ILOAT Judgment(s): 4370, 4440

Keywords

inadmissible grounds for review; mistake of law

Consideration 5

Extract:

[T]he complainant submits that the Tribunal omitted to rule on three of the claims made in his application for review of Judgment 4370 and on the three claims to which he drew particular attention in his first complaint. However, here the complainant is in fact referring to pleas that he entered in his submissions and not to claims. [A]n omission to rule on a plea does not, in any event, constitute a receivable ground for review.

Reference(s)

ILOAT Judgment(s): 4370

Keywords

inadmissible grounds for review; omission to rule on a plea



 
Last updated: 18.01.2023 ^ top