UNDT/2014/038

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UNDT/2014/038, Hassanin

UNAT Held or UNDT Pronouncements

In the present case, the parties reached an agreement through mediation after the application was filed and the Tribunal will reject the application as being nonreceivable.

Decision Contested or Judgment/Order Appealed

Reduced overtime compensation.

Legal Principle(s)

Art. 8.2 of the Tribunal’s Statute does not distinguish between reaching an agreement through mediation before or after the filing of an application with Dispute Tribunal. Consequently, the Tribunal considers that art. 8.2 applies to all cases where the parties reach an agreement through mediation regardless of when that occurs. In accordance with the general principle of law: ubi lex non distinguit, nec nos distinguere debemus, where the law does not making a distinction, the interpreter (Judge) cannot make a distinction either.

Outcome
Dismissed as not receivable

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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.

Full judgment
Applicants/Appellants
Hassanin
Entity
DGACM
Case Number(s)
UNDT/NY/2011/037
Tribunal
UNDT
Registry
New York
Date of Judgement
Duty Judge
Judge Greceanu
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Applicable Law
UNDT Statute