JDF sergeant wins discharge case against army

A Jamaica Defence Force (JDF) sergeant who was discharged in October 2018 has been successful in the case he brought against the army.

Gary Lloyd, who represented himself in court, has been back on the job since last month following a ruling.

Lloyd was with the JDF for over 18 years before being discharged.

Supreme Court Judge Sonya Wint-Blair found in December last year that the Defence Act was breached when Lloyd was discharged.

The judge granted an order of certiorari quashing the decision to discharge him and ruled that it was illegal, null, void and of no effect. 

There was no evidence to indicate that Lloyd was provided with a certificate of discharge as provided by the Act, the judge held.

An order was made by the judge that Lloyd be reinstated and paid all salary, pension and emoluments from October 20, 2018 to October 20, 2020.

Lieutenant Colonel Richard DaCosta, who was Lloyd's then acting commanding officer, and the Jamaica Defence Force were the defendants in the suit.

Lloyd had applied in January 2018 to be re-engaged for two years but was instead re-engaged for six months. 

In April 2018, he again applied to be re-engaged for two years and was informed that his application would not be granted.

He subsequently met with Lt Colonel DaCosta on October 19, 2018, and was told that his redress of complaint was not approved and he would be terminated.

Lloyd said that although he had committed no offences, broken no rules or regulations worthy of discharge, it negatively affected his ability to obtain gainful employment.

DaCosta stated that on June 15, 2018, Lloyd met with his then acting commanding officer, Major Phillip Stewart, and was informed that his application dated January 26, 2018, would not be granted due to failure to improve his performance and that his tenure with the JDF would not go beyond October 20, 2018.

He stated that, in response, Lloyd submitted a redress of complaint as provided by section 174 of the Defence Act.

The judge, in ruling in favour of Lloyd, found that on a balance of probabilities there were several irregularities in the procedure set down in the Act, the Regulation and the Force Service Orders. 

The judge found that the minimum standards of procedural fairness were not observed in the case and Lloyd was deprived of a fair hearing.

He was not given an opportunity to see a written report of his performance and to discuss it in an interview with his commanding officer and to have his performance reviewed by the Chief of Defence Staff if adverse comments had been made on his report, the judge said.

Director of State Proceedings Faith Hall represented the defendants.

- Barbara Gayle

Follow The Gleaner on Twitter and Instagram @JamaicaGleaner and on Facebook @GleanerJamaica. Send us a message on WhatsApp at 1-876-499-0169 or email us at onlinefeedback@gleanerjm.com or editors@gleanerjm.com.