High Court Dismisses Retirement Age Claims by Former RVIPF Officers

High Court Judge Stanley John today, February 28, dismissed all claims brought by former British Virgin Islands (BVI) police officers challenging their retirement under the Retirement Age Act, 2016. The plaintiffs—Hendrickson Williams, Augustus Bruce, Teddy Creque, Calvin James, Dennis Jones and George Mason — contended that their mandatory retirement at age 65 was unconstitutional and sought reinstatement.

The officers argued that sections 5(2), 5(3), and 5(4) of the Retirement Age Act, which mandate retirement at 65, conflicted with section 66(4) of the Police Act (Cap 165) and section 7(9) of the same Act. They claimed these provisions violated their constitutional rights under sections 9, 12, 16(9), 31, and 97 of the Virgin Islands Constitution Order 2007.

However, Justice John found no constitutional breaches, ruling that the Retirement Age Act’s provisions are consistent with the Police Act and the Constitution. He stressed that the mandatory retirement age of 65 applies uniformly across the public service, including the police force, and does not infringe upon the officers’ rights.

As of now, representatives for the former officers have not announced whether they plan to appeal the decision.