Judgment No. 4908
Decision
The application for review is dismissed.
Summary
The complainant has filed an application for review of Judgment 4674.
Judgment keywords
Keywords
application for review; summary procedure
Considerations 4-7
Extract:
It is well settled that the Tribunal’s judgments are final and carry the authority of res judicata. They may be reviewed only in exceptional circumstances and on strictly limited grounds. As indicated in Article 6, paragraph 5, of the Rules of the Tribunal, the only admissible grounds therefor are failure to take account of material facts, a material error (namely, a mistaken finding of fact involving no exercise of judgement, which thus differs from misinterpretation of the facts), 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, Judgments 4414, consideration 2, 3897, consideration 3, 3719, consideration 4, 3634, consideration 4, 3473, consideration 3, 3452, consideration 2, and 3001, consideration 2).
On the form that she submitted with her application, the complainant indicates that she seeks a review of Judgment 4674 on two grounds, namely, failure to take account of material facts and omission to rule on a claim. However, her submissions do not support a conclusion that the judgment should be reviewed on either of these grounds.
It is true that in Judgment 4674 the Tribunal did not address the complainant’s pleas disputing, and the pleas of PAHO asserting, that she engaged in all or most of the conduct on which the charges against her were based and this was established beyond reasonable doubt. However, as was clearly stated in consideration 6 of the judgment, the Tribunal considered it unnecessary to do so. According to the case law cited above, omission to rule on an argument does not afford grounds for review. This is because the Tribunal would otherwise be required to state its position expressly on all pleas, even if they were plainly of no relevance to the case (see Judgments 4440, consideration 7, 3478, consideration 5, and the case law cited therein).
To the extent that the application is based on an alleged failure to rule on a claim, suffice it to note that in Judgment 4674 the Tribunal dealt specifically with each of the claims for relief formulated by the complainant, even though some were rejected.
Reference(s)
ILOAT Judgment(s): 3001, 3452, 3473, 3478, 3634, 3719, 3897, 4414, 4440, 4674
Keywords
admissible grounds for review; inadmissible grounds for review; res judicata
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