Claim for post-settlement, collective bargaining law
Supreme Court judgment 15 October 2019, HR-2019-1914-A, (case no. 19-47743SIV-HRET), civil case, appeal against judgment
Audnedal kommune, KS (third-party intervener) (Counsel Øyvind Gjelstad) v. A (Counsel Børge Benum), Fagforbundet (third-party intervener) (Counsel Kjetil Edvardsen)
Justices: Øie, Indreberg, Normann, Høgetveit Berg, Thyness
A support person employed by the municipality, who according to the judgment in HR-2016-1366-A was to be considered an employee and not a contractor, claimed back payment of salary and holiday allowance, and late enrollment in the occupational pension scheme. The Supreme Court concluded that the claim was valid also for the period before it was submitted, within the scope of the statute of limitations. The case concerned interpretation of the law, and not a salary dispute, and there was no reason to give application to the principle under collective agreements law on limitation of post settlement claims to the period after the claim against the employer had been submitted.