Antigua.news Antigua and Barbuda High Court Prevents Defense Force from taking action against its Captain
Antigua.news Antigua and Barbuda High Court Prevents Defense Force from taking action against its Captain

High Court Prevents Defense Force from taking action against its Captain

5 December 2023 - 12:17

High Court Prevents Defense Force from taking action against its Captain

5 December 2023 - 12:17

The High Court has issued an order preventing the Defence Force from taking any actions against one of its captains that would alter his employment status. Captain Javonson Willock has been in a permanent position for seven years, and the ABDF is seeking to rectify what they claim to be an “oversight”.

However, Willock has taken the matter to court, requesting an interim injunction, which was granted today. The court has ordered both parties to submit skeleton arguments by December 11, and the hearing of the matter is set down for December 13.

Willock argues that his permanent employment was lawfully granted, and any effort to now change the terms of his employment is an “unlawful attempt to constructively dismiss him”. He believes the Force’s recent decision is a continuation of efforts to force his resignation. In 2020, he faced allegations of misconduct, including fraternizing with junior ranks.

Willock was asked to resign, but he took the matter to court, and in September, the High Court ruled in his favour, declaring the allegations against him null and void. As a result, the Defence Force was instructed to remove the letter of reprimand from Willock’s file and handle the matter internally in compliance with the Defence Act of 2006.

Additionally, the court ruled that he was entitled to damages and costs, with a settlement expected no later than October 26. However, no settlement has yet been made. Instead, the Defence Force has launched an investigation in relation to the allegations of misconduct dating back to 2019.

The court order was issued by Justice Jans Drysdale on Monday morning after Lieutenant Colonel Alando Michael, representing the defence force chief, refused to commit to not altering Willock’s contract terms without a court order. The Defence Force has chosen not to comment on the matter but has acknowledged Willock’s right to take legal action.

The court has issued an order preventing the Defence Force from making any changes to Willock’s employment status pending further legal proceedings.

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