27 Jan 1999
KEITH RATCLIFFE v. THE SECRETARY FOR THE CIVIL SERVICE AND ANOTEHR
- Citation
- KEITH RATCLIFFE v. THE SECRETARY FOR THE CIVIL SERVICE AND ANOTEHR
- Court
- Court of First Instance
- Case number
- HCAL43/1998
Both the Investigating Committee's factual findings and its opinion were amenable to judicial review; the Committee failed to make essential objective findings (whether a reasonable person would have anticipated offence, whether touching was deliberate and sexual, and the motive for dwelling on explicit matters), and on the facts it did find it was not open to conclude sexual harassment or misconduct; accordingly the Secretary's finding of misconduct and the order of compulsory retirement were unlawful and were quashed by certiorari.