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Judgment No. 748

Decision

THE APPLICATION IS DISMISSED.

Consideration 2

Extract:

"Whether reinstatement is inadvisable is an issue of law. A mistake of law does not constitute admissible grounds for review, and the Tribunal's decision on the point, even if it was wrong, is not subject to review."

Reference(s)

ILOAT Judgment(s): 665

Keywords

application for review; reinstatement; mistake of law

Consideration 3

Extract:

"[A] new fact will constitute admissible grounds for an application for review only provided that 1) it would have had some effect on the Tribunal's decision and 2) the applicant was unable, for reasons beyond his control, to rely on it in the original proceedings."

Reference(s)

ILOAT Judgment(s): 665

Keywords

application for review; new fact on which the party was unable to rely in the original proceedings; condition

Consideration 4

Extract:

"As is clear from precedent the absence of a ruling on issues that are not material affords no grounds for review."

Reference(s)

ILOAT Judgment(s): 665

Keywords

application for review; inadmissible grounds for review



 
Last updated: 28.08.2017 ^ top