Man takes Defence Forces to court over age limit 'misunderstanding'
A 25-year-old man has brought a High Court challenge regarding a refusal by the Defence Forces to allow him join the army as a recruit because he is too old.
Michael Smyth claims that last October he was informed by an army officer that he had been accepted to a traineeship as a three-star private in the defence forces.
However, that offer was withdrawn 24 hours later because the Defence Forces said that Mr Smyth, who turned 25 last June, had exceeded the age limit for recruits.
Mr Smyth was never informed of the upper age limit restriction thought out the application process. He claims that there was no valid reason for the decision to rescinded the offer and that he has been treated in an unfair way.
The court heard that Mr Smyth, represented by Oisin Quinn SC and Mark O'Connell Bl, applied for a traineeship as a three-star private with the Defence Forces in 2010 via its website, but was not successful.
Last March he was asked by the Defence Forces if he was still interested. He was delighted and attended for a medical, which he passed.
In early October, Mr Smyth of The Grove Millbrook Lawns Tallaght Dublin was informed by an army officer that a new platoon of soldiers was to be recruited and he was "guaranteed a place," and would be starting on November 14.
He was delighted and gave notice at his job, where he works as a security guard.
However, the day after receiving the offer he was informed by the same officer there had been a mistake regarding his application. He could not be offered the position because he would be 25 years of age on the enlistment date which exceeded the upper age limit.
The officer he said then apologised for the "misunderstanding".
The court also heard that after the offer was withdrawn he went on the Defence Forces website and to his shock and surprise the Army recruits section said that age limit for recruits is 25 years. However that now appears to have been changed to 24 years since, counsel claimed.
In his proceedings against the Minister for Justice, Equity and Defence, Ireland and the Attorney General, Mr Smyth is seeking a number of orders and declarations including an order aimed at allowing him join the Defence Forces.
He is further seeking declarations that there is a binding contract between him and the respondents when he accepted the offer to become a trainee, and that the requirement that recruits to the Defence Forces be under the age of 25 on the date of enlistment is unlawful and should be quashed.
He is also seeking an order from the court that the contract he claims exists between him and the respondents be specifically performed.
Leave to bring the application was granted on an ex-parte basis by Mr Justice Michael Peart, who made the matter returnable to a date in January.
