Court orders retroactive promotion of soldier

A High Court judge has ordered the retroactive promotion of a soldier as he delivered a scathing critique of the administrative dysfunction in the TT Regiment.

“The inability or unwillingness to discharge administrative responsibilities in an effective manner appears endemic...This dysfunction transcended the individuals who held these offices and suggests systemic issues,” Justice Frank Seepersad said as he ruled in favour of Marlon Ollivierra on January 14.

Ollivierra, a 27-year veteran, employed as a warrant officer, contested the failure to address an administrative error in his placement on the seniority roll, which began in 2012. He argued that this error wrongly delayed his promotion and officers junior to him were being promoted ahead of him.

Despite assurances from his commanding officer (CO) that the error would be corrected, Ollivierra’s name remained improperly ranked, adversely affecting his career and financial entitlements.

In his application, Ollivierra said, "My peers have been promoted ahead of me...both those who were senior to me and those who, but for the administrative error, would have been junior to me.”

Seepersad called for reforms to ensure accountability and efficiency within the regiment, warning that such administrative failures undermine the welfare of stakeholders and the organisation’s credibility.

“Reforms must be engaged to hold officeholders accountable when they fail to fulfil their statutory obligations.

“The factual matrix before this court suggests that the system operated almost on autopilot, devoid of proactive management and this dysfunction transcended the various individuals who held these offices.

“This suggests that the issues which retard efficiency within the organisation may be systemic.”

He said this dysfunction affected Ollivierra’s career advancement and denied him the pay, emoluments, and career advancement associated with the rank of warrant officer I.

He ordered the regiment to calculate what would be owed to OIlivierra. Seepersad said administrative dysfunction significantly impacted the lives and welfare of various stakeholders.

The judge declared the failure to rectify Ollivierra’s placement on the seniority roll since 2012 “unlawful, unreasonable, irrational, unfair, and against the principles of natural justice.”

“The inaction relative to the correction of the seniority roll was and is unlawful,” the judge said.

The court also directed the Chief of Defence Staff (CDS) to correct the seniority placement and reinstate Ollivierra to his rightful position on the seniority roll. He also ordered the CDS and CO to calculate how much Ollivierra is owed based on the effective dates of his appointment and pay those sums in 120 days.

The judge said, “There has been an inordinate delay which has exceeded a decade and this manner of administrative failure to maintain an accurate seniority roll is not only unacceptable but also manifestly unreasonable.”

“For over a decade, the defendants failed to accurately rectify the seniority list and the situation which unfolded was not fair or just.

“The failure to act resulted in a circumstance where persons junior to the claimant were promoted ahead of him and the Chief of Defence Staff’s failure to revert to the claimant with a decision on his issue, having said that he would do so within seven days, must be roundly condemned.

“The commanding officer of the TT Regiment and the Chief of Defence Staff were aware that there was an administrative error regarding the claimant’s placement on the seniority roster but they failed and/or recklessly refused to address same.”

He also referred to the evidence of the human resource officer for the regiment, saying the failure to provide the court with copies of Ollivierra’s performance appraisals sounded additional “alarm bells as to the state of administrative dysfunction within the TTR as appraisals are essential for advancement within the force.”

The judge has adjourned the constitutional aspect of Ollivierra’s claim to February 25.

Ollivierra was represented by attorneys Arden Williams, Anthony Morre and Mariah Ramrattan. The CDS and CO were represented by Stefan Jaikaran, Vandana Ramadhar, and Avaria Niles.