Defence Force Captain Scores Second Legal Victory Against Military Leadership
A senior military officer has secured another legal victory against the Antigua and Barbuda Defence Force (ABDF) after the High Court ruled that attempts to demote him were unlawful.
Captain Javonson Willock, who has served in the force for 17 years, challenged the military’s attempt to convert his indefinite commission to a fixed-term contract – a move that would have effectively resulted in his demotion.
On Tuesday, the High Court determined this action violated proper procedures.
The decision specifically addressed Willock’s commission, which he has held since 2015.
The court said that there was no statutory authority granting the ABDF the power to unilaterally modify an indefinite commission.
The ruling marks Willock’s second legal triumph this year. Earlier this year, he successfully contested his attempted termination, though he maintains the $25,000 awarded in damages for pain, suffering, emotional distress, and reputational damage was insufficient compensation.
The case stems from a tumultuous period in 2020 when Willock faced allegations of misconduct with junior ranks. He contends these allegations were used as leverage to force his resignation and resulted in lost wages and benefits.
However, the court’s latest ruling wasn’t entirely in Willock’s favour. Justice Jan Drysdale dismissed several of his claims, including his assertion of entitlement to an automatic programme.
The judge also determined that Willock had failed to exhaust all available options regarding what he claimed was an unlawful investigation.
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Donna November 14, 2024, 5:34 AM