A High Court judge has determined that the Antigua and Barbuda Defence Force (ABDF) unlawfully attempted to demote Captain Javonson Willock without due process.
In a ruling issued on Tuesday, the court found that the ABDF violated principles of procedural fairness when it sought to convert Captain Willock’s indefinite commission, which he had held since 2015, to a fixed-term contract without his consent.
The court said that there was no statutory authority granting the ABDF the power to unilaterally modify an indefinite commission.
“The Defence Act does not contain any provision that allows for such a modification, particularly without following proper procedures. The [ABDF’s] argument that the initial issuance of the indefinite commission was a clerical error is insufficient to justify their actions.
“[Captain Willock], relying on the official document issued by the Governor-General, had every right to assume that his commission was valid and binding,” the judgement read.
In 2020, allegations of misconduct with junior ranks of the ABDF surrounded Captain Willock which he claimed led to attempts to force his resignation after 17 years of service. He also claimed that the allegations led to lost wages and benefits.
Earlier this year, Willock won that case against the ABDF after the force attempted to terminate his employment.
However, he argued that the $25,000 in damages, covering pain and suffering, emotional distress, and loss of reputation, was awarded by Justice Jan Drysdale did not properly compensate him.
Yesterday’s judgement, however dismissed other claims brought by Willock, including whether he was entitled to an automatic programme.
“While pay scales provide a framework for considering promotions and increments, they do not automatically entitle individuals to advancement. Promotions typically depend on factors such as performance reviews, availability of positions, and employer discretion… It is important to note that employers have the discretion to determine salary structures and to implement salary freezes, when necessary, particularly in times of financial constraints or organizational restructuring,” the judge wrote.
Additionally, the judge said Captain Willock failed to exhaust all other options available to him regarding an allegedly unlawful investigation.
“Although the Claimant has written letters expressing his various concerns, the Claimant has not triggered any grievance or appeals process which could adequately deal with the issues concerning the manner in which the investigation was being conducted. The Claimant also has not provided any cogent evidence as to why these processes are unsuitable,” the judge said.
