2013-Ģ��ƵAT-316

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered Ms Basenko��s application for revision of judgment No. 2011-Ģ��ƵAT-139. Ģ��ƵAT held that the reference made by Ģ��ƵAT to the precedent in Gabaldon (judgment No. 2011-Ģ��ƵAT-139) could not be regarded as a decisive fact which was, at the time the judgment was rendered, unknown to Ģ��ƵAT. Ģ��ƵAT held that it was unable to see any valid ground for revision within the purview of Article 11 of the Ģ��ƵAT Statute. Ģ��ƵAT held that the application was not receivable. Ģ��ƵAT dismissed the application.

Decision Contested or Judgment/Order Appealed

Ms Basenko contested the decision to withdraw her offer of internship. In judgment No. 2011-Ģ��ƵAT-139, Ģ��ƵAT rejected the appeal on the basis that she was an intern and, as such, did not have standing before Ģ��ƵDT, but that, in any event, there was no evidence of a violation of any of her fundamental rights.

Legal Principle(s)

Revision of judgment requires the discovery of a decisive fact which was, at the time the judgment was rendered, unknown to Ģ��ƵAT and to the party applying for revision, provided that such ignorance was not due to negligence.

Outcome

Appeal dismissed on receivability

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Applicants/Appellants

Basenko

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement