Salary requirements during suspension

Supreme Court judgment 3 June 2020, HR-2020-1157-A, (case no. 19-152288SIV-HRET), civil case, appeal against judgment. 

A (Counsel Øyvind Carelius Svendsen) v. X municipality (X municipality – The Office of the Municipal Attorney represented by Anne Margrethe Wittussen)

Justices: Indreberg, Falkanger, Kallerud, Ringnes, Høgetveit Berg

A part-time employed nurse who had been suspended for a period, had prior to the suspension worked several extra shifts, and thus received a higher monthly salary than what followed from the agreed employment terms. The Supreme Court found like the lower instances that the basis for calculating the salary to which she was entitled during the suspension period, see section 15-13 subsection 3 of the Working Environment Act, did not comprise the compensation for extra shifts before the time of the suspension. The wording of the provision and the preparatory works suggested this solution. The anti-discrimination provision in section 13-1 of the Working Environment Act was not applicable.

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