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Justice Betsy Ann Lambert-Peterson. – File photo
AN Air Guard officer has agreed to pay the legal fees of the Chief of Defence Staff and Commanding Officer of the TT Air Guard after he withdrew his lawsuit over an alleged failure to promote him to a higher rank.
Sgt Wendell Byron’s lawsuit was before Justice Betsy Ann Lambert-Peterson. However before the court could deliver judgment, Byron withdrew his application and agreed to pay the State’s costs of defending the action after two affidavits were filed in response and an objection made to him receiving permission to challenge the alleged decision.
It also comes after the TTAG’s commanding officer, Group Captain Kemba Hannays said Byron had been promoted to the higher rank effective December 9, 2023, which was published in the Defence Force orders in April.
Byron claimed in November 2016, he was promoted to rank of acting warrant officer class II and was on probation for 12 months.
After his probation ended, he requested confirmation in the position but was told a further assessment was required. He said from 2017 to 2021, he was bypassed for promotion. In 2018, he said he was told he could not be recommended for promotion because os his “fair conduct” rating in his appraisals. The Air Guard’s standing orders allows for promotion to warrant officer II after seven years of “very good conduct.” Byron only had five years of “very good conduct” rating.
In his lawsuit, he contended the decision to revert him to the rank of sergeant was unlawful and also challenged the decision not to confirm him in the higher rank.
However, in an affidavit in objection, Hannays said based on Byron’s performance appraisals during his acting period, he “had not demonstrated the level of competency expected at his rank.
“During the further assessment period, the claimant was interviewed and assessed on a monthly basis with regard to his performance. The content of each appraisal suggested that the claimant had not been able to overcome his challenges and continued to demonstrate incompetence in the performance of his duties,” she added.
“The intended claimant’s performance was inconsistent during his extended probation period even though the necessary guidance was provided.”
Hannays also said Byron was also advised if his inefficient performance continued, a recommendation would be made for revision of his rank.
This was done in May 2019.
“I verily believe that the intended claimant was never confirmed in his rank as warrant officer II and was reverted while acting. He remained on top of the advancement roster for the aircrew specialisation, for the rank of warrant officer class II, despite the reversion in rank.
“ However, based on the promotional requirements in the TTAG, an airman must possess seven years of very good conduct in order to be considered for promotion to the rank of warrant officer class II.
“The intended claimant did not meet the requisite criteria, as such, he could not have been considered for promotion to the acting rank of warrant officer class II.”
She also said he did not object to the comments made after each performance appraisal which he signed so the could not now argue he was not given an opportunity to be heard.
The commanding officer of the TTAG and the CDS was represented by Monica Smith, Gayatri Dass of the Solicitor General’s Department and Amrita Ramsook of the Chief State Solicitor’s Department while Byron was represented by Arden Williams, Don-Marie Adolphe and Mariah Ramrattan.
