Posted: June 15th, 2019
A Garda who was injured in a violent struggle with a prisoner has been awarded a €290,000 workplace injury compensation settlement after he sustained a knee injury.
Sergeant Donal Cronin, aged 50, could complete all of his daily work duties due to the knee injury. He also claimed that he was overlooked for a number of promotions due to the injuries. The overall Garda Workplace injury compensation figure awarded to Garda Cronin was €286,630. The incident happened at Limerick Circuit Court on July 9, 2004.
Presiding Judge Justice Bernard Barton was advised that Sergeant Cronin had been successful the examinations required for promotion to the inspector rank with distinction in 2001. Regardless of this was unsuccessful in both rounds of promotion interview board competitions during 2010 and in 2014.
Garda Cronin, the Judge was informed, was appointed to the position of court presenter – a job that he could perform despite the difficulties suffered as a result of his injuries.
Sergeant Cronin’s legal counsel claimed that he was unsuccessful in his bid for promotion on both occasions due to the injuries he sustained. In addition to this the Court was told that Garda Cronin would likely need an operation for a knee replacement in the neat future.
Among those who providing evidence in Court a former chief superintendent who said that the score Sergeant Cronin had reached from the interview board for promotion was excellent but the system was “unfit for purpose” as it did not make take in to account the injuries sustained when an applicant was suffering from a disability.
This claims were argued by a sergeant garda on behalf of the minister for finance and public expenditure. He added that there was no clear thinking to say that the injuries suffered while Garda Cronin was on duty were an obstacle to the promotion to the rank of inspector.
He also said that it was not uncommon 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 policed. The interview board was not given the details of 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 positions.
A calculated figure for the amount of compensation due to Sergeants Cronin, incorporating future loss of income due to being passed over for promotion of, of €166,630 was submitted to the court. Justice Bernard Barton awarded him (Garda Cronin) another €120,000 in general damages due to the serious injury to his left knee that lead to physical disability and ongoing pain and discomfort he had to deal with
The Judge told the Court said he was satisfied with the award and said that he felt if Sergeant Cronin reapplied for promotion, his injuries would not block a potential “a successful outcome”.