Woman who got ‘repetitive pain’ from planting strawberries awarded almost €40,000

Anni O’Herlihy

A woman who developed “repetitive pain syndrome” to her neck, spine, and right upper arm and shoulder through planting or picking strawberries for hours on end, has been awarded almost €40,000 damages against Keelings, one of Ireland’s leading fruit producers.

Dorota Rejnin (51), of Thornleigh Close, Swords, Co Dublin, had been a farm worker with Keelings, who boasts that it produces 200 million strawberries a year.

Judge Jennifer O’Brien, awarding her a total of €37,536 damages and costs in the Circuit Civil Court, said Ms Rejnin claimed to have had to do piece work for up to 14 hours a day with her hands and arms above shoulder height.

She told barrister Niall O’Driscoll, who appeared with Boino solicitors for Rejnin, that the court was satisfied that Ms Rejnin suffered a personal injury on account of the manner in which she had been caused to work.

Judge O’Brien said Ms Rejnin had sued Keelings Softfruits Unlimited Company and William P. Keeling and Sons of Foodcentral, St Margaret’s, Co Dublin, for €60,000 damages for negligence and breach of duty, alleging she had suffered pain syndrome to her neck and cervical spine and right upper arm and shoulder. While she had resided in Dublin at the time she had returned to Poland after having quit her job in 2017.

Rejnin had alleged she had been caused to work in an unsafe manner and put under constant pressure in having to carry out repetitive tasks, in particular when she was planting strawberries at a level above her shoulder height, requiring the use of significant force to push plants through soil.

She had told the court she had been required to plant a certain number of strawberry plants every hour and had been put under considerable pressure to do so.

Rejnin had alleged there had been an increase in the intensity of work, and she had to hit increased targets on an ongoing basis.

Keelings had put in a full defence in which they had alleged contributory negligence.

Judge O’Brien said Ms Rejnin had left employment due to an illness not associated with her work or any fault of the defendants.

Medical reports had been agreed by the parties and helpful forensic evidence had been provided by PLC Engineering; Donal Terry Consulting Engineers and Ergonomist Professor Leonard O’Sullivan of Limerick University.

The judge said Ms Rejnin had suffered soft tissue overloading and overuse caused by a non-ergonomic work environment.

Judge O’Brien awarded Rejnin €22,000 for her shoulder injury and a further €15,000 for her neck injury as well as special damages of €336.