Police Officer loses ‘non-promotion’ lawsuit against Commissioner
The High Court has dismissed a legal claim filed by a police officer who contended, among other things, that he was unreasonably denied a promotion in rank by the Commissioner of Police.
In filing his claim against the Commissioner of Police and the Attorney General, officer Nicholas Tranquille, a member of the Royal Virgin Islands Police Force (RVIPF) attached to the East End Police Station, sought damages, costs and any further relief the court may have deemed just.
Tranquille felt it was “unreasonable and irrational” for the police commissioner not to promote him even though he was successful in the police promotion exams since 2017.
But the Court was not convinced through the force of Tranquille’s arguments that this was the case and noted among other things that he did not discharge the burden of proving his case.
In a judgment issued by Justice Vicki Ann Ellis, it was determined that, “the Court is not satisfied that the Claimant (Tranquille) has advanced a plausible case that he was entitled to be promoted having accrued the requisite acting experience in the rank of sergeant and having successfully completed the promotion process.”
Tranquille had also contended in his claim that other officers in the RVIPF who may not have been deserving a promotion had been made to leapfrog over him.
He argued that his legitimate expectation of a promotion was frustrated when he was kept in the position of constable while persons who were not entitled to be on the promotions list, having failed the competency test, were promoted before him.
The Court found however, that the conflicting evidence as to his ranking in the list of successful candidates called for anxious scrutiny.
Justice Ellis said in order to prove his case, Tranquille would have had to demonstrate that at any point in that promotion cycle, he was sidestepped for promotion by an officer who attained a lower qualifying score and who had been promoted to a non-specialist position ahead of him.
“There simply is no evidence that this occurred. Ultimately, the evidence shows that eight officers were promoted to non-specialist sergeant positions and in a response to [Tranquille’s] request for further information; the defendants have unequivocally stated that none of these person scored less than [Tranquille],” the judgement noted.
Given the high threshold which a claimant alleging irrationality or unreasonableness has to traverse and given the way in which he pleaded his case, this was fatal to his claim, the Court found.
In the circumstances, the court found that Tranquille had not demonstrated that the decision of the Police Commissioner not to promote him prior to June 1, 2020 following his successful completion of the 2017 promotions exams was not in keeping with the RVIPF promotions policy or was irrational or unreasonable.
Tranquille had also sought to prove that he was denied early retirement by the Police Service Commission, but this too was dismissed after it was found that he had not persuasively advanced an expressly regulated basis for entitlement to early retirement.
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lawyer hired by the claimant appears to be the actual reason for this cops loss in court.
This a f**king crazy man or what?
Who acted as lawyer for the policeman?
Did he want promotion so he could retire on a higher pension, nothing more? did he not want to serve?… who in any business or company promotes someone that is going to retire, it does not happen.
this whole rvipf is a mess, just look at those moomoos who going to senior management meetings every week, set of bloke heads, don’t know them @$$ from them elbows, King Charles please help the rvipf.
Police need to know that promotion is more than passing an exam. It has a lot to do with good public relations, descipline, tidiness, respect..All these need to be in the criteria if not, be added from a score of 1 to 10.I saw some police giving tickets and their attitude wasn’t good, being nice doesn’t stop you from doing a good Job..Commissioner take note!Fix the issues.
Where he from?
He from planet earth, where you from?, one the planets orbiting alpha centauri?.
I can tell you with certainty that people retiring were promoted on the verge of retiring but in that police force it’s not the people that knows the work are promoted these are the criteria who you know the but kissers who can get between your legs where you from and who you are friends with don’t let the COP fool you he just came I know
I feel that since he was eligible to do the exam and passed successfully he should have being promoted, because the other criterias such as his yearly evaluations had to be good even before doing the exams. I see this as Suppression! If he was about to retire he should at least serve in the new position for at least two years before retirement. Just saying!
moomoos on top moomoos below. we call it moomoos equation
moomoos on top moomoos below. we call it moomoos equation
all the mediocres are promoted or giving acting appointments because they are kissing a**. Idiots guiding idiots.
So where he from shameful and not worth mention
just like he,his name and his identity ?.
So where this member of the VI’s varied foreign occupying police force originated is another secret ?
The force is being managed like jerk pork store. The Direction bar of the force is completely destroyed for the past months.
Behavioral factors need to be taken into consideration. Not any and any behavior needs to be up high in a system to cause break down unless that breakdown needed to happen to institute behaviours necessary for the growth and optimal performance of the organization (behaviors of the promotee plays a key role). If the behavior is not right now do you expect to be promoted.
Who send call him
one word moomoos
I keep saying this over and over these should be here to protect and serve and its all about position or money. They are not to protect, set of down island join the force to ease the burden on a work permit.
Why majority of them was never a police in their home land and came here and see the opportunity to take the leap…..Some in there for news to carry back to their friends or to steal back the money and drugs, look how crimes cant get solved.
If i could remember you had to be a certain height to be in the police force, now its shorty dwarf and overweight the system fail.
Wellisa. Plenty times the same down islanders are the ones doing jobs persons don’t want to do. Many persons who come here come qualified. I’m sure if you migrated to another country and tried for a job n not given a fair chance to succeed, you would be sad or upset. The same down islanders u may look down on May have to help u some day remember that.