Labour Court disallows worker’s appeal over shift position at Flair International

The Labour Court disallowed a worker’s appeal over a shift position at Flair International Ltd, agreeing that the company could offer the newly created role first to warehouse staff according to their service in that department. The decision was dated 6 December 2005. The worker, represented by the Services Industrial Professional Technical Union, argued that he retained warehouse status while temporarily assigned to assembly and should have had first refusal because of his greater company seniority. The company said it followed its normal practice of offering the role to warehouse staff according to departmental seniority. The Court concurred with the Rights Commissioner’s recommendation in favour of the company.