The Court of Appeal has reversed a 2023 High Court decision, mandating the State to compensate retired Coast Guard volunteer David Tannis with $346,836.05 for unpaid salary adjustments tied to his post-retirement service. Chief Justice Ronnie Boodoosingh, alongside Justices of Appeal James Aboud and Ricky Rahim, ruled that Tannis was contractually entitled to revised pay rates negotiated for established Defence Force ranks, even though these adjustments were finalized after his volunteer service concluded. Justice Rahim, who authored the unanimous decision on November 14, emphasized that an implied contractual term linked Tannis’s remuneration to increases granted to comparable ranks in the Trinidad and Tobago Defence Force (TTDF), in line with a Cabinet-approved methodology established in 1980. Tannis, who served as a marine surveyor in the Volunteer Defence Force from May 24, 2004, to May 23, 2012, had his pay aligned with that of a petty officer and later a chief petty officer. However, he only received adjustments for the 2005–2007 period, with subsequent increases for 2008–2010 and 2011–2013 approved four years after his contract ended. The Appeal Court found the trial judge ‘plainly wrong’ in dismissing Tannis’s claim, noting the State’s failure to file a defense or challenge key evidence. The court highlighted that the 1980 Cabinet Minute established a methodology linking volunteer pay to TTDF rates, making it clear that Tannis should benefit from comparable pay increases. While the court rejected Tannis’s request for exemplary damages, it awarded general damages of $346,836.05 for breach of contract, with interest at 2.5% per year from June 16, 2016. The Attorney General was also ordered to cover the prescribed costs of the claim.
