The Ministry of Employment has proposed to regulate competition clauses in the Working Environment Act. The proposal includes a set of conditions which require competition clauses to be agreed upon in writing, and that there must be a particular reason or need for the clause. In addition, the completion clause will be subject to time […]
In its decision of December 8th 2015, the Supreme Court found that it was justifiable according to law that an undertaking dismissed an employee because his department was closed down. The Supreme Court stated that it was not necessary to assess the entire undertaking when selecting which employee to dismiss, as it was sufficient to […]
As a result of low oil prices impacting operations, Norway has seen an increase in dismissals.
The Supreme Court found that a married couple, who had assisted nurses from the Philippines to Norway for work in hospitals, had broken the Norwegian Act of Conveying Work. The couple had charged an unreasonable amount of money for bringing the nurses to Norway and for helping them with finding a job, renting an apartment, […]
The Court of Justice of the European Union issued a judgment regarding the Working Time Directive on Thursday the 10th of September. The Directive is part of the EEA agreement and will therefore have an impact on Norwegian legislation. The Court found that where workers do not have a fixed or habitual place of work, […]
The Ministry of Employment has proposed to regulate competition clauses in the Working Environment Act. Currently, this is regulated by the Law of Contract. However, the assertion is that the existing regulation is not adequately precise. This new proposal entails an enjoinment of the current rules and includes a set of conditions that require written […]
Changes in The Working Environment Act will come into force from the 1th of July this year and will allow employers to hire temporary workers without any specific reason (contrary to the main rule which is that all employees shall be hired on a permanent basis). The intention is to give people outside the working […]
On the 5th of May, the Norwegian Supreme Court decided that a law firm could be held accountable for liabilities caused by their partners, even though the claimants had not been clients of the firm. A former partner in the firm had willfully and systematically acquired values in form of shares in family companies, which […]
The Irish low-fare airline Ryanair’s employment practices were recently challenged by the Norwegian courts. On 20 June 2014, the Appeals Selection Committee of the Supreme Court of Norway unanimously rejected an appeal from Ryanair, claiming that an unfair dismissal lawsuit against Ryanair must be tried in Ireland, where the company is registered, and not in Norway, where the plaintiff lives and was located when she was dismissed. The ruling may have repercussions for Ryanair’s operations in Europe. It is also a reminder to other European employers that the contractual freedom may be limited in cross border employment relationships, with regard to the jurisdiction of national courts and choice of national employment law.