High Court orders Coast Guard to decide on promotion complaint within seven days

A High Court judge has ruled that the Coast Guard acted unlawfully by failing for more than a year to decide on a senior officer’s complaint about his non-promotion. Justice Margaret Mohammed ordered that a decision be made within seven days.

Former Coast Guard member O’Brian Lightbourne, who served from 1996 until January 2024, sought judicial review over the failure to determine his grievance before he left the service. At retirement, he was the most senior officer in the Intelligence Operations Department of the Defence Force Intelligence Unit.

Lightbourne complained that despite his seniority and experience, he was not promoted to Fleet Chief Petty Officer after a vacancy arose in October 2022. He argued that a Cabinet Minute provided for two FCPO positions and that he had a legitimate expectation of promotion.

Justice Mohammed found that once Lightbourne invoked the redress procedure under section 195 of the Defence Act, the Commanding Officer had a statutory duty to investigate and provide a decision. She rejected arguments that promotion was discretionary and that no timeframe existed, calling the delay unlawful.

Article source: newsday.co.tt | Image credit: Trinidad and Tobago Newsday