Transfer of undertaking. Bardufoss Airport.
Supreme Court judgment 16 March 2010, HR-2010-00473-A, (case no. 2009/1618), civil case, appeal against judgment.
Bardufoss Flyservice AS
(Counsel Mr Kjell Heggvoll)
v.
Jostein Holmebukt
Erik Rognmo
Bjørn-Tore Fredriksen
Monarth Pedersen
Rune Lusi Holmebukt
Tore Henrik Strømseth
Pål Oredalen Tronstad
Ruth-Eva Lynghaug
Forde Bjørkestøl
(Counsel Christopher Hansteen)
Employment law. Transfer of undertaking. Employment Act section 16-1.
The issue in the case was whether the change of supplier of ground handling services at Bardufoss Airport represented a transfer of undertaking pursuant to section 16-1 of the Employment Act. The Supreme Court held that the change of supplier of ground handling services from SGS to Bardufoss Flyservice AS did represent a transfer of undertaking. The respondents were therefore employed by Bardufoss Flyservice AS with the rights and obligations in their employment contracts with SGS. The decision was based on court practice, particularly the practice of the European Court of Justice, where the scope of the provisions relating to transfer of undertakings was somewhat wider than might be deemed to follow from a literal interpretation of the term. The particular circumstances of the case fell within the scope of the term according to this practice, although they were not at its core. Appeal rejected.