Judgment No. 4730
Decision
The application for review is dismissed.
Summary
The complainant filed an application for review of Judgment 4417.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 4417
Keywords
application for review; complaint dismissed
Consideration 3
Extract:
For a considerable time, the process of review of the Tribunal’s judgments was not expressly recognised in the Tribunal’s Statute, but it now is in Article VI by an amendment made by the International Labour Conference on 7 June 2016. However, the settled principles governing the process of review have been developed by the Tribunal over time and before the amendment of the Statute in 2016 and continue to apply. According to those principles, the Tribunal’s judgments are final and without appeal and have res judicata authority. They may be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds of review are failure to take account of material facts, a material error (in other words, a mistaken finding of fact involving no exercise of judgement), an omission to rule on a claim, or the discovery of new facts on which the complainant was unable to rely in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. On the other hand, pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea afford no grounds for review (see, for example, Judgment 4338, consideration 2, and the judgments referred to therein).
Reference(s)
ILOAT Judgment(s): 4338
Keywords
application for review
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