Labour Court upholds recommendation on Hertel Ireland worker’s transfer

The Labour Court upheld a recommendation that a worker at Hertel Ireland Ltd had been unfairly treated after a transfer reduced his potential earnings. The decision was dated 18 July 2005. Hertel Ireland Ltd appealed the Rights Commissioner’s recommendation. It said losses at the Clarecastle site led to the transfer, the promotion to supervisor was not guaranteed to be permanent and the move was not disciplinary. The union said the worker had no opportunity to address the site’s losses. The Court found that the transfer to Aughnish Alumina reduced the worker’s potential earnings and that he had not been given an opportunity to address the company’s difficulties. It therefore upheld the recommendation and disallowed the appeal.