Remember this case? The High Court has ruled for the plaintiff, including an award of damages. Details here. Excerpt from Newsday's account:
Pierre, who has served 29 years in the Regiment and has held the rank of Warrant Officer Class II since July 2019, argued that commanders used performance appraisals not recognised in the Regiment’s Standing Orders and failed to substantiate negative claims about his “mannerisms” and “tone.” He said those allegations, made by a junior officer, were never investigated or supported with evidence and resulted in lower annual ratings that disqualified him under the disputed system.
The court agreed, ruling that the Chief of Defence Staff and the Commanding Officer of the TT Regiment failed to annually appraise Pierre, verify complaints against him, or provide performance feedback before drafting his confidential reports. The judge declared that promoting junior officers ahead of Pierre was unlawful and that he had a legitimate expectation of being promoted as of February 5, 2024.
James ordered the defendants to pay $50,000 in compensatory damages and $50,000 in vindicatory damages and directed that legal costs be assessed if not agreed. The court also found that the Regiment’s alleged “mathematical equation” system, under which mixed biannual ratings were combined to produce a lower annual score, had no basis in standing orders or approval from the Defence Council.
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