Recruit to challenge 'pass out' refusal

An Army recruit who completed her full training with the Defence Forces has taken High Court proceedings challenging the refusal…

An Army recruit who completed her full training with the Defence Forces has taken High Court proceedings challenging the refusal to allow her "pass out" as a soldier and a decision to discharge her.

Ms Sharon Canavan (20), of Rochfort Bridge, Co Westmeath, was yesterday given leave by Mr Justice Kelly to take judicial review proceedings against the Minister for Defence and the State.

She claims the decision to prevent her "passing out" is in breach of the Employment Equality Act 1998, and that her treatment by the Defence Forces is in breach of fair procedures and her constitutional right to earn an livelihood.

In an affidavit, Ms Canavan said she was enlisted in June 2001 and posted to the Sixth Infantry Battalion based at O'Neill Barracks, Co Cavan.

A week before she was due to "pass out" as a soldier in October 2001, she was told she would not be passing out due to her fitness level.

She was surprised, having never been told during training she had failed any fitness test.

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