Pursuant to the Working Environmental Act § 15-11, as a main rule, the employee has the right to remain in his or her position even though he has been terminated, as long as negotiations are in progress and until the Court has finally decided the outcome of whether the termination is legal. The court may however decide that the employee has to leave until the court has finally decided the outcome of the case, if it seems “unfair” that the employee remains in his or her position during the case. The limit for what seems “unfair” is usually lower when the termination is related to circumstances with the employee (and not the employer, such as rationalisation). The Gulating Court of Appeal decided that even though the termination of an employee was justified due to circumstances with the employee himself, it was not “unfair” that the employee remained in his position. The conclusion was reached after an overall assessment of the short period of time before the case would be resolved by the court, the fact that the employee could still execute his tasks, and that the employer was not pressed financially.
Norway