Author: Karolina Sundqvist The Swedish Labour Court ruled that the dismissal of an employee at the Police Authority with multiple sclerosis (MS), a disease, who did not have the ability to perform work of any significance to the employer, was based on objective grounds. The Labour Court also ruled that the dismissal did not constitute […]
Sweden: Legislative Changes to the Swedish Employment Protection Act
Author: Karolina Sundqvist Legislative changes to the Employment Protection Act (Sw. Lag (1982:90) om anställningsskydd) consist of new regulations regarding, inter alia, termination of employment, exemptions from the order of priority, costs during disputes regarding the validity of a termination, general fixed-term employment and temporary agency work. The following legislative changes to the Employment Protection […]
Sweden: Court Rules on Intrusive Behaviour as Legal Grounds for Summary Dismissal
Author: Karolina Sundqvist An employee was summarily dismissed from his employment at Samhall, a state-owned company employing people with disabilities, due to his behaviour towards female colleagues. The Labour Court found that higher demands can be placed on Samhall than on other employers as regards measures to remedy shortcomings in the behaviour of employees, provided […]
Sweden: Reassigning Employees to other Duties during their part-time Parental Leave is Permissible
Author: Niclas Johansson The Labour Court found that it was not a breach of the Parental Leave Act to reassign employees to other duties during their part-time parental leave, as the employees’ leave would otherwise have led to significant disturbances in the employer’s business and therefore, the reassignments were necessary consequences of their leave. Three […]
Sweden: Deliberately withholding Vital Information during Security Screenings is Grounds for Dismissal
The Swedish Labour Court ruled that the Swedish Police Authority had legal grounds for the summary dismissal of a police officer, who withheld information regarding his contacts and association with individuals connected to a criminal network. A police officer underwent security screenings in 2015 and 2019 to assess whether he could be granted security clearance […]
Sweden: Labour Court affirms the Employer’s Managerial Prerogative to Reassign a Convicted Prosecutor
A senior chamber prosecutor was sentenced to probation with supervision for driving under the influence and causing bodily injury. Following the prosecutor’s conviction, the employer reassigned him to a different department for the duration of the probationary period. The prosecutor’s new assignments were of an administrative nature and he no longer had any operational tasks. […]
Sweden: New Whistleblowing Act strengthens the Position of Persons Reporting on Workplace Irregularities
A new Whistleblowing Act was passed by the Swedish Parliament and is set to enter into force on 17 December 2021. In line with the current Whistleblowing Act, the new legislation will aim to protect reporting persons from reprisals in form of, for example, termination or relocation when they in a work-related context report irregularities […]
Sweden: Employer’s Late Deduction on Employee’s Salary was an Unauthorised and Unlawful Setoff
An associate of a law firm was entitled to a monthly salary based on commission on the litigation costs the firm was awarded in cases the associate worked on. Throughout the employment, the associate’s salary had been calculated on claimed but not yet awarded litigation costs. When the associate handed in their letter of resignation, […]
Sweden: Employee’s Purchase from Employer creates a Consumer Relationship with the Employer
A recent Labour Court ruling found that an employee, who had purchased heat pumps from his employer, was considered to have acted as a consumer in relation to the employer when he bought the heat pumps. The employee bought the pumps in 2012 and 2013, but did not pay for them. When the employment end-ed in 2018, the employer demanded payment for the pumps. Since the statutory limitation period for con-sumer purchases is three years, the Labour Court ruled that the claim was time-barred.
Sweden: Court upholds Statutory Limitation barring Employee from Challenging Termination
The Labour Court found it reasonable for an employer to deliver a notice of termination by registered letter and not personally due to the employee being on sick leave for symptoms of covid-19. The notice was sent to the last known address of the employee but was not collected since the employee had moved to a new address without notifying his employer. The Labour Court found that the two-week limitation period for the employee to notify the employer that he intended to file legal action began ten days after the registered letter containing the notice was sent, even though the letter had been sent to the wrong address and the employee had not collected it.