Question Regarding Breach Of Priority And Demand For Sufficient Qualifications
A company (the "Company") which conducted a cleaning operation had, since the cleaning assignments had decreased, been affected by shortage of work which resulted in four employees being made redundant. Four cleaners who were the last to have been employed and who had no driver's licences were therefore dismissed because of shortage of work. One of these employees (the "Employee") who did not have a driver's licence and who therefore had been dismissed, turned to her trade union (the "Union") which in turn brought a claim against the Company before the Labour Court for breach of the priority rules in Section 22 of the Employment Protection Act.
The Union argued that the Employee had sufficient qualifications in order to continue the employment and should therefore have been transferred to another position. The Union stated firstly that the Employee's work had not undergone a change and accordingly, no ground for the demand of a driver's licence existed for continued employment. In case the court ruled that the Company could demand a driver's licence in order for that employee to continue in employment, the Union stated secondly that the demand for a driver's licence was unjustifiable and unfounded. Furthermore, The Union was of the opinion that the Company had, in any event, an obligation to enable the Employee to remain employed by means of a reorganisation and to ensure that the Employee obtained the necessary training for the job.
The Company, on the other hand, considered that a driver's licence was a prerequisite for the positions to which the Employee could be transferred. Since the Employee did not have a driver's licence, she did not have sufficient qualifications to continue the employment and, pursuant to the Company, the Company was not obliged to ensure that the Employee was able to obtain a driver's licence or otherwise reorganise the work.
The Labour Court considered that it was indisputable that the Company's operation had been subject to certain alterations and that...
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