Coast Guard officer wins promotion lawsuit

A High Court judge has ordered compensation for a Lt Commander of the Coast Guard who challenged the failure to promote him.

Justice Joan Charles ruled in favour of Lt Commander Dane Khan last week.She declared the decision by the Defence Force Commissions Board (DFCB) not to promote Khan to the substantive rank was unlawful and declared his promotion date to be September 15, 2020.

Charles also awarded Khan vindicatory damages of $80,000 for the breaches. Khan filed a judicial review application on May 19, 2023, when he found out he was not being recommended for promotion. He also filed a contempt application against the commanding officer of the Coast Guard and the DFCB after 16 coast guardsmen were promoted despite there being a court order staying promotions in the agency at the time.

In his lawsuit, Khan said he was told by the commanding officer that he was not recommended for promotion because of “disputed appraisals” and “inconsistencies” which were allegedly contradictory in nature. Instead, he said he was told his 2022 appraisals will be used to determine his promotion.

Khan said he has been serving as a lieutenant (Naval) for 11 years and based on the defence force regulations, he should have already been promoted since 2020.

His challenge said two inaccurate negative appraisal reports were submitted to the board without him getting an opportunity to address them.

On June 27, 2023, Charles had ordered a stay on the promotion of officers until Khan’s judicial review claim was determined or until the court made a further order. She also ordered a vacant spot be kept for Khan.

In his lawsuit, Khan said he engaged the grievance procedure for servicemen for a speedy relief of his issue but had not received any redress. He also said he received negative and appraisal reports in 2016 and 2020 which were without any factual or evidential basis and had not been given an opportunity to address these. He also said from 2002 to 2023, he submitted his concerns and tried to appeal to the Defence Council.Khan also complained he had been acting in the higher rank without compensation and also performed duties of strategic human resource officer and training officer without remuneration. He also complained that the decision not to adjust his initial seniority date meant that he continued to lose seniority and status and suffer pecuniary losses.

He was represented by Arden Williams, Mariah Ramrattan and Anthony Moore.