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Discretion in Disciplinary Cases

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Chapter Summary

This chapter explains the nature of the control exercised by tribunals in regard to disciplinary powers, because the author thinks that this is a very important area, especially in the context of the United Nations and the World Bank, and that there have been some significant developments in this area. It shows, first, in general, that many of the cases that come before tribunals do not concern the exercise of discretion by the administration. Disciplinary powers are a very special example of discretionary powers. The reason for this is that in disciplining staff, administrations exercise a quasi-judicial power which is different from other discretionary powers, such as the power to promote or classify, etc. The quasi-judicial nature of the power was adverted to and emphasized for the first time by the United Nations Administrative Tribunal (UNAT) in a series of cases beginning in 1998.

Keywords:disciplinary powers; discretionary powers; quasi-judicial nature; United Nations Administrative Tribunal (UNAT); World Bank



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