2013-惇蹋厙AT-316

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

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

Decision Contested or Judgment/Order Appealed

Ms Basenko contested the decision to withdraw her offer of internship. In judgment No. 2011-惇蹋厙AT-139, 惇蹋厙AT rejected the appeal on the basis that she was an intern and, as such, did not have standing before 惇蹋厙DT, 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 惇蹋厙AT 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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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Basenko

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement