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Employment Law Query Re Transfer Between Departments

  • 03-08-2011 6:08pm
    #1
    Shane732
    Registered Users, Registered Users 2 Posts: 4,998 ✭✭✭


    I've a query that I'm hoping you guys might be able to help me with.

    If somebody works in a company with a number of different departments, say, departments A, B & C. The person is employed to work in department A but there is a clause in their contract stating that they can be assigned to any of the departments in the company. The departments are mutually exclusive of each other and it is plausible that somebody employed in department A does not have the required skill set to work in department B or C.

    Does the clause which provides that you can be transferred between departments stand up?

    If an employer activates a clause to transfer an employee between departments are they required to serve proper notice on the employee of the transfer taking place? If so, then what would be proper notice, presumably 30 days?

    The transfer between departments is a big change in work.

    I would welcome peoples opinions on this.


Comments

  • #2
    Shane732
    Registered Users, Registered Users 2 Posts: 4,998 ✭✭✭Shane732


    Any suggestions at all?


  • #3
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Shane732 wrote: »
    I've a query that I'm hoping you guys might be able to help me with.

    If somebody works in a company with a number of different departments, say, departments A, B & C. The person is employed to work in department A but there is a clause in their contract stating that they can be assigned to any of the departments in the company. The departments are mutually exclusive of each other and it is plausible that somebody employed in department A does not have the required skill set to work in department B or C.

    Does the clause which provides that you can be transferred between departments stand up?

    If an employer activates a clause to transfer an employee between departments are they required to serve proper notice on the employee of the transfer taking place? If so, then what would be proper notice, presumably 30 days?

    The transfer between departments is a big change in work.

    I would welcome peoples opinions on this.

    If you sign up to a contract that states that you can be moved from Department to Department within your company, you can be so moved. If the contract is silent on notice requirements for such a move then there is no requirement of notice.

    THe only recourse that someone would have in such a scenario would be negotiation with the employer.


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