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Labour Court says seniority should count in Rhone Poulenc Rorer transfers

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

In 1995, the Labour Court recommended that Rhone Poulenc Rorer take seniority into account when moving employees for flexibility, where all other factors were equal. The recommendation was signed on 19 July 1995. The dispute arose after the company reduced production activity at its Nenagh pharmaceutical operation and redeployed six workers. One, the most senior worker in the coating area, was moved to granulation and objected. The Services Industrial Professional Technical Union said seniority should guide transfers and alleged the worker had been victimised. Rhone Poulenc Rorer argued it needed flexibility to assign workers according to individual suitability and operational needs. The Court found that the 1981 agreement had not been superseded by the 1993 agreement, which did not refer to the earlier agreement's content. It recommended that seniority be considered in flexible transfers when all other factors are equal.

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