A member of the Naval Service has won his action aimed at preventing his discharge from the Defence Forces over injuries he sustained several years ago while playing football.
Signalman Alan Bennett, stationed at Collins Barracks, Cork, brought High Court proceedings after being told in late 2012 he was to be discharged after the Defence Forces downgraded his medical classification.
He claims he has fully recovered from the injuries and is fully able to carry out his duties and the Defence Forces failed to have regard to his actual medical condition.
He brought proceedings against the Minister for Defence and the State aimed at quashing the decision to downgrade which he claimed arose due to injuries he sustained to his knee and wrist while playing football for the Defence Forces. The downgrade was irrational, unreasonable, disproportionate and breached his rights, it was claimed.
The respondents argued the medical classification should stand. It was also argued, due to his record of absenteeism, he could not be regarded as being healthy and required more than routine medical surveillance and unscheduled medical advice. It was appropriate to downgrade him, it was argued.
In his judgment, Mr Justice Seamus Noonan said he was quashing the decision to downgrade Signalman Bennett's medical status.
The judge found not all relevant material had been taken into consideration when the classification was under consideration.
The decision had effectively brought his career in the defence forces to an end, the judge noted.
Signalman Bennett enlisted in the army in 1999 and has served overseas. Under Defence Force regulations, he was required to meet certain criteria before he could be re-engaged for another nine years.
In late 2012, he was informed by his brigade’s medical officer that his medical classification had been downgraded to a grade below which re-engagement of service can be granted.
The reason he was given for his reclassification was not due to any current condition but to the fact he suffered injuries playing football for the Defence Forces in 2009 and in 2010. The first injury resulted in him having to wear a wrist support for seven weeks while the second injury resulted in his being incapacitated for eight weeks with knee ligament damage.
Signalman Bennett was informed of his re-classification in early 2012. He appealed to a medical board but was told in January 2013 the medical board had upheld the original decision. He claimed he had recovered and had completed all the fitness tests since he enlisted and had been awarded the highest grade possible.