A police officer is challenging the decision of the Police Service Commission (PSC) to bypass him for promotion in the Commonwealth of Dominica Police Force (CDPF).
Police Sergeant Philbert Bertrand is now asking the court to grant him leave for Judicial Review and administrative order in respect of the decisions of the PSC.
His attorney, J. Gildon Richards filed court documents on his behalf at the High Court in Roseau on April 12, 2017.
Bertrand was enlisted in the CDPF on February 25, 1981 and during that time said he has performed “creditably everywhere” he was posted and has attended many training courses from 1982 in Dominica, Barbados, St. Lucia, USA, Bahamas, Jamaica, Grenada, Antigua, Martinique, St. Kitts and the Dominican Republic.
Through his attorney, Sergeant Bertrand said that based on the criteria for promotion in the PSC Regulations and on his “creditable performance and duties and functions allotted to him” he has held and continue to hold a legitimate expectation that he should be promoted from the rank of “Sergeant to the rank of Inspector and or to other ranks at the upper levels of the police force on merit.”
“I believe that at February 5, 2017 I had already attained the required qualification for promotion to the rank of Inspector that surpassed any qualification of the chosen candidates. To my disappointment and without and explanation, the PSC by the said decision of which I herein complain, has unfairly and unlawfully denied me promotion to the rank of Inspector of police,” Sergeant Bertrand stated.
Bertrand is challenging the appointments of Clinton Hilaire and Belgrove Charles to the rank of Inspector by the PSC.
He contends that he is “more senior, more experienced in holding leadership positions than (Charles and Hilaire) especially considering the fact that even at the time of the decision I was entrusted with the management of a police station.”
“I believe my educational qualification meets the normal standard for promotion to the rank of Inspector in the police force and even if the promoted candidates may have better academic qualification then I, they do not have the depth of knowledge and experience I possess and have applied in my practice of policing,” he said.
He further stated that he has shown sufficient ability and efficiency to “merit permanent promotion from the rank of sergeant to Inspector.”
Bertrand is asking the court to make a declaration that in making the said decision or decisions, the PSC violated the provisions of Regulation 20 of the PSC Regulations Chap 1:01 and other relevant provisions thereof.
“That the said Commission acted unreasonably, unfairly and unlawfully discriminated against him to his detriment. The Commission acted in bad faith and that the PSC unfairly and unlawfully failed or refused to inform him of the reasons or reasons for its failure or refusal to appoint him to hold and act in the office of the said rank of Inspector,” he stated.
FADA no had feelings but in life we have to kno wen to step out and move on
Mister doh deserve nothing to get posthe to take advantage off people children u should have been fired instead off promoted
Go Bertrand. Hope you win your case. More of this should be taking place in Dominica. Wake them up to their core. Good luck.
We are leaving in a fast pace world..Everything is about court,sue and the likes….What are the basis for promotion?Since growing the Police Force has gone through this process.I firmly believe its more transparent,anyone can challenge the outcome right now…In pass there were many who had the capability to be promoted…Don`t allow anyone to force you to resign ,if you continue to serve with dignity your promotion is right around the corner…Take it easy your time will come…
That is so unjust, the man has a secondary education, and certification to prove , it’s just utter trash to see how things are done in this country, these people are so backward they are accepting toilets as development Mr Hobbs was the deputy and they bypass him and gave commissioner to that big headed Carbon so qualifications is not a criteria for promotion, politics is. It’s useless even writing comments on this site
Mr Hobbs had his BSc in criminal justice
if i work for 36 years plus in an organization I not even wasting time spend money on lawyer to fight for promotion. panda I would just take my jolly bungle and move out since u will be receiving full pension. why go through all that when u can go till the soil and relax and collect your gratuity.
This is happening everywhere when the younger come with paper and you have to teach them the practical of their job. What a shame. I have a saying the teacher and the student do not earn the same so i do not teach anyone who get paid the same with me or more than me. SORRY
The Police brass have repeatedly dealt with you in bad faith. You are doing the right thing, sarge. More people need to challenge the system!
I was of the opinion that if you have a grievance you first take it up with your immediate supervisor and if you are not happy you go to higher heights. This should remain in-house may be they have a reasonable explanation. But when you don’t obey rules, follow guidance and procedures ‘you are on your own. Having said that we know lots of this in taking place in the Health Department. There is an election coming up soon, we will have our say
Here’s my two cents:
1. If you have 20 people and 3 spots, at the end of the day decisions to promote or hire are subjective. Even if all 20 have the EXACT qualification, other factors play in … like personality/interpersonal skills … soft skills. Ultimately, it might come down to which candidate you like or prefer. That’s the reality!
2. Tied to the first point and likability factor, Mr. Bertrand and the PSU seem to have been having issues for a while now. In fact, according to a DNO article back in October and December, he was reinstated to his role after much back and forth. Before that, there were other issues. I not saying that the decision was retaliatory but he does not come across as a team player.
3. If the court acquiesce to his demand, it will be setting a bad precedent.
You have a very big fight with which to contend because the justice system in these islands isn’t independent. All the best and good luck with that.
But let me get this straight, your employer did not give you a promotion and you take them to court? What planet are you from? I thought promotion was at the discretion of the employer. If you are not happy with your employer go and get another job. I don’t like people with entitlement attitude. It will never be the same at your job win or loose so move on.
The only thing you are entitled to when you are born is death.
Nothing on this earth belongs to any of us… Even if you are royalty or ruling a country.
Also, if you are not kissing the right @$$… that’s how the old people setup Dominica… Same old people that dragging it down. All of them need to go… Red, Blue, Green.
Just cannot bring my self to call them Excellency or Honorable…
There are many officers who think that they are qualified for the job of inspector, should they all now ask for judicial review and if successful what is the mechanism to appoint more than one individual to a single position of Inspector? Perhaps the reigning calypso king can try giving us a formula.
First time in my life that I am hearing that someone is anxious for a promotion so much he is taking others to court in order to have it..
i am in the public service and i will never get an appointment, or any other favors because of me being anti gov.
nevertheless i will continue to work hard until i find a way out.
this system is the rottenest i have ever seen in my almost 50 years.
my biggest problem is why does everything have to pass through a parl rep. ive been trying so hard for so many years to get things done and no matter what ministry i go to, at the end i need to go to my parl rep, they tell you straight.
i dont have a parl rep. because he is labour and i am not. so nothing will ever work for me as long as they are there.
this country needs drastic change
Evidence supporting the promotion of the other officers over the complainant in the complainant’s own words.
“I believe my educational qualification meets the normal standard for promotion to the rank of Inspector in the police force and even if the promoted candidates may have better academic qualification then I, they do not have the depth of knowledge and experience I possess and have applied in my practice of policing,” he said.
In the workforce this a normal procedure. Sometimes experience beats academic qualifications and so it is sometimes academic qualifications beats experience. This time academic qualifications won. Get over it my boy and keep working to become an inspector or move one.
Yes ignorant. This is news. Byass
Good luck brother. I know how injustice in the force feels. I’ve heard too many stories and witnessed it first hand myself. A movement should begin among former and serving officers for a partisan free police force. Otherwise the game continues, party politics and pettiness.
I feel your pain, sir. However, a great number of us Dominicans are ignoring the fact that we are in a competitive world and, that the better qualified we are the greater our opportunities for employment and promotion. Gone are the days when experience would suffice. In these times you need paper credentials. It’s going to be interesting to see where this goes.
Paper credentials for some. Is who you know…
Go get it my man the years said it all u been there to long.
Well, sorry you have to go through this, but, if they don’t like you, you ain’t getting promoted. this is ALL over. People are so shady! Hope you come out on top.
Bertrand you have too much guts!
The joke is on you as your name suggest JACKASS
Well done…they tired do nonsense with men that can’t do the work to please politicians
Belti story
Fight for what you’ve worked for bro
Very sad indeed! I hope this is not political. It would be a shame if the Police Commission acted or refused to act for political reason. It is high time we stop this pettiness in our country. You the members of the commission, you are supposed to be independent thinking individuals…. not puppets!
I support 100% my sergeant. They to diamn up to bypass you.
bro too many alligations
Prove 1 barrack
Get facts before you talk or write
You sound like Donald Trump
Prove 1 barrack
You sound like Donald Trump
Fake news
For once just get it right and then you can talk about alligations
Well boy bertrand u have to lick roosvelt a and then continue to do so to get that promotion! DNO will delrtr this comment but its the truth!!!
Well done Officer!! You have been treated unfairly for far too long and I commend you on this action..
Are you a red shirt Sgt. Bertrand ?
Are you a red shirt?
I have inquired about Mr.Charles and witness his performance in active duty, I know for sure he is a senior officer and he has been in the force for about 30 .I am not a police officer,but several people in the force and in different communities asserted that, he is one of you all most delicated,efficient,professional,confident ,reliable senior police officers . I think he deserve his position.I do not know much about Hilaire but heard that he is hard working too.The positions are few so just be patience your turn will come sir,I will pray for you to get appointed soon okay..
Good for you cousin.
Hold them down B
let justice prevail.
Right is right and wrong is wrong .
so you deserve it and the others don’t, what a bunch? waste of court time.
Sir your political party affiliation may not be conducive to the power that is, it is a shame we have come to this juncture ,but it is what it is , you are pursuing in the right direction, I wish you the best of luck .
You should know very well that if you not supporting Skerrit you not going anywhere!
LET ME BRING TO YOUR ATTENTION THAT TGE POLICE DONT APPOINT PEOPLE BASE ON POLITICAL AFLIATION. Ok. If dat was the case the NOW INSPECTOR WHO IS GAURDING THE PRESIDENT IS THE NEPHEW OF FORMER MINISTER OF AGRICULTURE PETER CARBON in the UWP government. Inspector Clem Bruno was copral FOR FOUR AND A HALF YEARS under the UWP OF WHICH HIS UNCLE WAS PART OF THE CABINET. It was under labour he got promoted to sgt and now INSPECTOR OF POLICE and now working in the SAME PRESIDENT HOUSE. The head of the Environmental Health Department Ms. Ferdinia Carbon is the sister of YHE SAME PETRR CARBON. Former permanent Secretry now manager of fine foods is the nephew of the same peter Carbon. His biggest archievement in the public service service is under Dis govt. Not talking about Cludious Sandford Abraham Brown and the many others who get appointed or promoted under labour and there are known supporters of UWP. So is we was victimising ppl y would we promote them? Unlike UWP. Now can UWP say the same
Sir , the reason for you not getting the promotion is blatant , you don’t wear the color red period, Dominica is so backward I am ashamed to call it home , I am very glade that your are challenging them thru the courts , I wish you good luck , and don’t settle for nothing less , let justice prevail .
Sir I hope more police Officers follow your footstep and challenge those promotion that Daniel Carbon is now making, He is actually putting his incompetent friends in position in the Police Force bringing down respect and moral in the Police Force I once serve. Be brave my former co workers and please come forward to challenge some of those Corporals that were recently promoted. The Police Service Commission is incompetent and to save further demoralization of the force Daniel Carbon s=and the Police Service Commission must go. Mr, Alfred we love u and respect your work u have done in the Police Force over the years, don’t sit with this incompetent commission and contribute to your hard work over the years. Sir do the right thing please resign. Let not your good name u have built over the years loose integrity by being part of this commission. For the sake of Dominica and the Police Force resign and come ut public to expose this injustice
“even if the promoted candidates may have better academic qualification then I, they do not have the depth of knowledge and experience I possess and have applied in my practice of policing,” he said.”
Bertrand this ” promoted candidates may have better academic qualification.”
That might be the reason they are promoted over you! If you only had elementary education, and they had secondary, even if they sent you around the world tour, you perhaps went as an observer; and not actually getting training in actual police work.
That happens very often in police work; now present some certificate you obtained from any of the countries you visited to prove you are trained in technique, or police science, that may make a difference, but unless you can prove they overlooked you based on political reason you may not have a case.
May be Mr Telemaque you should have done your home wwork
Mr Bertrand attended the SMA and dies have academic qualifications
And does have academic qualifications
Sorry does have academic qualifications
When people can’t read and understand what they read they usually talk crap and embarrass themselves!
Bertrand said the people who are promoted are better qualified academically than him! Academic education goes beyond secondary school. SMA, DGS are simply high schools, they cannot educate anyone to a level in the true sense of one who is academically educated.
I can make that claim, because I am both College and University Educated; actually in three different fields of science; in which I earn degrees. So someone who simply attend a secondary school, and may even earn several “GCE’s” or the American version “GED” cannot be considered academically educated!
” even if the promoted candidates may have better academic qualification then I, they do not have the depth of knowledge and experience I possess and have applied in my practice of policing,” he said.”(Bertrand).
Is anyone (public or private employees) entitled to a promotion?
No they just stay there for 100 years with no growth. Are you serious?