Defence Forces corporal wins High Court permission to challenge refusal of promotion
High Court Reporter
A corporal in the Irish Air Corps with almost 40 years of 'exceptional and meritorious service" has been granted permission by the High Court to challenge a decision refusing his promotion to sergeant.
Peter Dunne, 58, who is based at Casement-Baldonnel Aerodrome, Dublin, was refused the promotion on the basis there were no relevant vacancies for him to fill, despite the officer in charge of the Air Corps endorsing his promotion and recognising his "selflessness" and commitment to the core values of the organisation.
Dunne is seeking an order quashing the decision refusing his promotion and is taking his case against the Minister for Defence, Ireland and the Attorney General.
The soldier submits that he joined the Defence Forces in 1988 and then joined the Air Corps in 1989, has distinguished service, is also a chef in the Corps and was promoted to corporal in 2005.
In April 2024, he applied for promotion to sergeant on account of meritorious service and distinguished conduct, which was supported by testimonials from senior staff, it is submitted.
Dunne applied for the promotion under paragraph 42 (1) of the Defence Forces Regulations, which states that a corporal may be promoted to the rank of sergeant through “meritorious service, or distinguished conduct".
The applicant submits in his affidavit that he suffered a back injury in 1991 and was unable to perform the relevant fitness test for the necessary medical grade towards ordinary promotion, and that military authorities would not accept a medical derogation.
He claims it was therefore not possible for him to seek promotion to the rank of sergeant in the ordinary way.
He submits: "I considered that it might be appropriate to seek promotion to that rank on the basis of my meritorious conduct and distinguished service.
"This is effectively an alternative way of achieving a promotion to the rank of sergeant.”
At the High Court on Monday, Feichín McDonagh SC, for Mr Dunne submitted that military authorities did not have to have a suitable vacancy for Mr Dunne to be promoted to sergeant via meritorious promotion and had received the relevant recommendations under the regulations.
In December 2024, the officer in charge of the Air Corps submitted a letter in support of the application, it is claimed.
The applicant submits that the letter stated that Mr Dunne was a committed, diligent soldier whose approach to work was "selfless, exemplifying our core organisational value of putting service before self".
"I fully endorse and support this application on grounds of exceptional and meritorious service," it reads.
After the application was refused, a review was sought, but the decision was upheld in September 2025.
That decision, it is submitted, acknowledges Dunne's career-long conduct as "exemplary" and there was no suggestion that Mr Dunne was not a fit and proper person for meritorious promotion.
Dunne submits that there is no requirement in the regulations that there be a relevant vacancy in order to obtain a meritorious promotion, specifically from corporal to sergeant.
He claims there are "multiple long-term sergeant vacancies "right across the Defence Forces I could fill by meritorious promotion".
Judge Sara Phelan granted permission for Dunne to challenge the decision and adjourned the matter to June.
