Garda Sergeant Donal Cronin has been awarded a €290,000 workplace injury compensation settlement after he suffered a knee injury during a violent struggle with a prisoner.
The 50-year-old garda could not carry out his required policing duties as a result of the knee injury and, he claimed, missed out on potential promotions due to this. The overall personal injury compensation figure awarded to the garda was €286,630. The incident happened when he was involved in the struggle that occurred at Limerick Circuit Court on July 9, 2004.
Justice Bernard Barton was told that Sergeant Cronin had passed the examinations that he needed to be promoted to the inspector rank with distinction in 2001. Regardless of this was unsuccessful in both rounds of promotion interview board competitions in 2010 and in 2014.
The Judge was advised that the Garda was, after a time, appointed to the role of court presenter – a position that he could perform despite the difficulties suffered from due to his injuries.
Sergeant Cronin’s legal counsel claimed that he was passed over for promotion due to his injuries. Along with this, they informed the Judge, he would probably need an operation for a knee replacement within the coming 24 months.
Among those who gave testified in Court a former chief superintendent who claimed that the score Sergeant Cronin had achieved from the interview board for promotion was excellent but the system was “unfit for purpose” as it did not make take consider the injuries sustained when a candidate was suffering from a disability.
This claims were denied by a sergeant garda representing the minister for finance and public expenditure. He added that there was no obvious reasoning to think that the injuries suffered on duty were an obstacle to the promotion to the rank of inspector.
In addition to this he said that it was not untypical for a candidate coming from an administrative post without major operational frontline experience to be given the post of inspector and that said the promotion procedure was heavily regulated. The interview board is not privy to a candidate’s medical records as part of the promotion process – just four of 17 sergeants in the Limerick division were successful in their application for promotion to inspector, two of which were for administrative roles.
An estimated figure for Sergeants Cronin’s compensation incorporating future loss of income due to being passed over for promotion of €166,630 was handed over to the court. In addition to this he was awarded an extra another €120,000 in general damages due to the serious injury his suffered to his left knee that lead to physical disability and ongoing pain and discomfort.
Justice Bernard Barton said he was happy with the award and said that he felt if Sergeant Cronin reapplied for promotion, his injuries would not hinder ” a successful outcome”.