An employee had received a lower salary than what was stated in his employment agreement over a couple of months. As such, he had contacted his trade union, which had sent a claim for the missing amounts to the employer. When the employer had received the claim, there had been a loud argument between the employer and the employee resulting in the employee leaving the workplace for good.
The Labour Court found that the employer had not been able to prove that the decrease of salary had been agreed upon and thus found the employee’s salary claim to be valid. Further, the Court found that the salary decrease could not be regarded as a summary dismissal. However, when the employee had left the workplace, he had considered himself dismissed by the employer and no evidence presented in the case showed that the employer had done anything to clear up the situation. As such, the Court found that the employer had taken advantage of an uncertain situation regarding the employee’s employment in a way that was equivalent to a summary dismissal. The employer was liable to pay damages to the employee for this invalid summary dismissal.