Judgment No. 610
Decision
THE APPLICATION IS DISMISSED.
Consideration 5
Extract:
The plea "based on the item in the defendant's possession at the time of the original proceedings [...] is admissible. But the item must be of a kind which warrants review of the judgment". The document was drawn up after the internal proceedings to serve as the basis for a settlement. "Both the complainant and the Tribunal were aware of the offer of settlement, which was all that mattered at the time. The failure to disclose the item does not warrant any derogation from the rule that judgments are final, and the application must fail."
Keywords
application for review; new fact on which the party was unable to rely in the original proceedings; disclosure of evidence
Consideration 4
Extract:
The Tribunal maintains that "unless there is clear evidence, which there is not in this case, of a mistaken approach to the problem," the opinion of the competent body in the organization must be accepted. "That is the ratio decidendi, and the Tribunal [...] deliberately refrained from making findings on the evidence. [...] To allow the complainant's plea would be to countenance objections to the Tribunal's reasoning, and such objections do not constitute an admissible plea."
Reference(s)
ILOAT Judgment(s): 446
Keywords
application for review; failure to admit evidence
Consideration 3
Extract:
"As [the Tribunal] has said many times, it will review a judgment only in quite exceptional circumstances: not only are the admissible pleas for review severely limited but what is required is the finding of an exceptional fact, such as an oversight or some fortuitous circumstance, warranting derogation from the general rule of res judicata in Article VI of the Statute of the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VI OFTHE STATUTE
ILOAT Judgment(s): 446
Keywords
application for review; res judicata; exception
Consideration 3
Extract:
"An application for review is an exceptional procedure and is admissible only in strictly defined circumstances, for example where specific facts have been disregarded or so-called 'new' facts discovered. [...] Although such omission enables the Tribunal to review its decision, it will not necessarily do so. As it has said many times, it will review a judgment only in quite exceptional circumstances".
Reference(s)
ILOAT Judgment(s): 446
Keywords
application for review; admissible grounds for review; exception
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