A former Army sergeant, described as "an exemplary soldier" of 26 years service, has won his High Court claim that his discharge from the Defence Forces was unjustified and a breach of contract.
Ms Justice Mary Laffoy yesterday awarded damages, including interest, of €65,000 plus costs, to former sergeant James McGrath. She found a decision to discharge him in May 1996 was prompted by a change in Defence Forces policy rather than any change in his medical condition.
Mr McGrath (52) had served for more than 26 years in the Defence Forces at the time of his discharge. Because of a knee injury, he was excused in 1987 from regimental duties. In 1988, he was medically reclassified as category C, indicating a chronic disability, and remained as such until November 1995. From 1987 to 1996, he performed a range of duties, except regimental duties.
In 1994, he had the usual extension of service medical examination and his service was extended for two years, to terminate on October 29th, 1996.
In 1994, as part of an exercise to improve the fitness profile of the Army and following the Gleeson report on pay and conditions in the Defence Forces, there was a review of all category C members who were unfit for 24-hour security duty of their own barracks. A voluntary early retirement scheme was introduced in April 1996.
Mr McGrath was assessed by a medical board which recommended his discharge in November 1995. He appealed and said, in a letter of December 1995, that it would be unfair to discharge him then without any chance of availing of the early retirement scheme and he asked that he be allowed to continue to October 1996.
His received strong support from his commanding officer and from GOC Curragh Command, the judge noted. It was also clear no question arose about his fitness and capability to perform the duties he had been performing since 1987. Despite this, he was discharged on May 12th 1996.
Ms Justice Laffoy found his reclassification to medical category E - below the standard required for service - resulted from a change of policy rather than from any material change in his medical condition since 1994.