November 7-8 2011
START DATE
END DATE
November 25 2011
DARREN PITCHER v. THE COMMISSIONER OF CORRECTIONS AND PUBLIC SERVICE COMMISSION
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
Ian Kawaley CJ
Lauren Sadler-Best Alan Doughty
M. Anthony Cottle
FACTS OF THE CASE:
Prison officer dismissed for possessing unauthorized cell phone in sensitive prison area challenged disciplinary decisions on grounds of harshness and disproportionality questioned procedural fairness and legal representation rights
SUMMARY:
procedural fairness legality of dismissal proportionality of disciplinary penalty right to legal representation
OUTCOMES:
Outcome: Judicial review allowed questions of fairness and legality of dismissal for first offense of possessing cell phone in prison raised
RULED IN FAVOUR OF:
Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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DARREN PITCHER v. THE COMMISSIONER OF CORRECTIONS AND PUBLIC SERVICE COMMISSION
Prison officer dismissed for possessing unauthorized cell phone in sensitive prison area challenged disciplinary decisions on grounds of harshness and disproportionality questioned procedural fairness and legal representation rights