Court ruling from the Swedish Labor Court held that an employer of a care assistant was not obligated to investigate sexual and racist harassments that the care assistant alleged that she had been a victim of by the caretaker’s partner
An employee was terminated from his employment due to redundancy because the employer had decided to engage a staffing agency instead to perform the work. The Labour Court found that a redundancy situation was at hand and that the employment termination was valid.
A regional manager claimed before the Labour Court that a non-competition clause effective for 24 months after the termination of the employment should be declared unreasonable and thus invalid. The Labour Court found that the clause imposed a restriction of the manager’s possibilities to continue working with professional activities. Since no compensation was paid to the former employee for the non-competition restriction, the clause was declared invalid.
An employer summarily dismissed an employee based on allegations that the employee had threatened a colleague and in other ways been aggressive. The Labor Court found it proven that the employee had threatened his colleague and that several other employees were afraid of the employee. However, the Labor Court found that these circumstances did not constitute legal grounds for summary dismissal of the employee.
The proposal suggests that a new act on camera monitoring will replace the current camera surveillance act and enter into force on 25 May 2018. The purpose of the new act is to increase the possibilities of camera monitoring for crime prevention and other justified purposes, but also to strengthen the personal integrity when an employer utilizes camera monitoring at the work place.
Understanding the distinction between contractors and employees and the re-characterisation of a contractor into an employee
The Swedish Labour Court concluded that an employee did not have adequate reasons to refuse overtime work during the weekend. The Court found that such behaviour constituted objective grounds for termination of the employment with notice but not for termination with immediate effect
A new proposition puts forward amendments to the Swedish Discrimination Act, which introduce that also employers with fewer than ten employees shall be covered by the prohibition against inadequate accessibility when the employer conducts business within the supply of goods and services to the public
The new Act on Whistle-blower Protection entered into force on 1 July 2017. The new Act gives increased protection to employees and contractors in certain private enterprises that are to some extent publicly funded.
The Swedish Labour Court found that a salesperson in breach of a non-competition clause should be subject to interim security measures in order to uphold his contractual obligation. The Court ruled that the salesperson would be liable to pay a penalty of SEK 500,000 for any further breaches of the non-competition clause.