Judge orders Defence Force Reserves officer promoted

A HIGH COURT judge has ordered the Chief of Defence Staff (CDS) to retroactively promote a warrant class officer with the Defence Force Reserves to a higher rank.

Justice Margaret Mohammed gave the order after she declared that the CDS erred in law and/or procedure by deciding not to promote warrant class officer Ann Marie Mercury to the rank of warrant class officer 1.

The judge also declared the promotion of another officer ahead of Mercury was also wrong in law. She has quashed that promotion and directed the CDS to promote Mercury with effect from May 4, 2021.

In her lawsuit, Mercury said she was not promoted allegedly because she did not complete a course.

However, she contended the course did not apply to her, as there is none for advancement from WO II to WO 1.

Mercury said she was confirmed as WO II on December 8, 2018, and there were vacancies for the higher rank. Nor did she have negative appraisals against her, yet officers junior to her were promoted ahead of her.

At the time of filing her lawsuit, Mercury was also the most senior warrant class officer II in the Defence Force Reserves.

Cpt Douglas Archer told the court the position of WO I was being held for Mercury once she completed the recommended course.

In affidavit evidence, Archer admitted there was no course for promotion from class II to I. However, he gave reasons why he believed Mercury should do the course and said she would not be the first to be asked to do one before being promoted.

He said the course would give Mercury the information, tools and certification for her duties at the higher rank so she could train and lead subordinates under her charge.

His evidence was also that if certain courses were not taken, Mercury could put herself and all personnel at risk since some of them involved training with arms and ammunition and other necessary aspects of armed conflict.

In her ruling, Mohammed said the CDS was a public body that had a duty to act legally and comply with the regiment’s standing orders for promotions.

She said she was of the view the CDS erred in law by not following the standing orders, and from Archer’s evidence, she had already been recommended for promotion.

“In my opinion, the commanding officer has no issues with the claimant’s ability and skills.”

The CDS was ordered to pay Mercury’s costs. She was represented by attorneys Arden Williams, Anthony Moore and Mariah Ramrattan.

Rachael Jacob and Ryan Grant represented the CDS.

The Defence Force Reserves have been in the news recently after President Christine Kangaloo called out 100 of them to support the police for the pre-Christmas season to Carnival 2024.