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UNDT/2010/145

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UNDT/2010/145, Basenko

UNAT Held or UNDT Pronouncements

Pursuant to articles 2.1 and 3.1 of the Statute of the UNDT, the status of staff member is a necessary condition for access to the Tribunal. This is in line with General Assembly resolution 63/253 which intentionally limited the Tribunal’s jurisdiction. In this case, the application is not receivable ratione personae since the applicant never became a staff member. The applicant’s references to provisions of the Charter of the United Nations are without merit in this respect.

Decision Contested or Judgment/Order Appealed

The applicant contested the decision to withdraw an offer for an unpaid internship with the United Nations Office at Vienna.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment
Applicants/Appellants
Basenko
Entity
UNODC
Case Number(s)
UNDT/GVA/2010/084
Tribunal
UNDT
Registry
Geneva
Date of Judgement
Duty Judge
Judge Laker
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Personal (ratione personae)
Applicable Law
GA Resolutions
UN Charter
UNDT Statute
Related Judgments and Orders
2010-UNAT-008
UNDT/2010/098
UNDT/2010/142