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