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LEGAL NEWS - Employee’s behavior under private circumstances can justify a dismissal

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9. September 2016

In a recent ruling the High Court of Denmark has decided that the unacceptable behavior of an employee during a private event results in a redundancy. This applies even though the private event has no connection with the place of employment.

The very inappropriate behavior of an employee during a private birthday party, also attended by the colleagues of the employee, allowed the employer to expel the person in question. The conduct was partly aimed at the colleagues.

In order to expel an employee it is a condition that “the responsibilities and obligations of the job have been flagrantly neglected”. In a recent case, the High Court of Denmark decided that even though the private event had no formal connection with the work place, the consequences of the behavior of the person in question could potentially pose a threat to the working environment and well-being of the co-workers at the place of employment. This could therefore constitute a neglect of responsibilities and obligations of the job. Therefore, the employer had the right to dismiss the employee.

In comparison with Austria, Denmark is considered to have a flexible labor market where redundancies are easily carried out, and the Danish state will support the people made redundant financially and assist them with their job search and re-training.

However, it is always advisable to seek professional legal counseling before making redundancies. Our German Nordic Legal team at NJORD Law Firm is specialized in advising on questions concerning cross-border labor law and will be happy to help you with your questions. You are welcome to contact attorney Stefan Reinel (sr@njordlaw.com ) or assistant attorney Sabine Glatz Taulov (sag@njordlaw.com ) at NJORD Law Firm

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