Employment law – validity of dismissal of a chief officer

Supreme Court judgment 15 May 2019, HR-2019-928-A, (case no. 18-145269SIV-HRET), civil case, appeal against judgment.

Hurtigruten Sjø AS, Hurtigruten AS (Counsel Sten Foyn), NHO Sjøfart (third-party intervener) (Counsel Kurt Weltzien) v. A (Counsel Christopher Hansteen), Norsk Sjøoffisersforbund (third-party intervener) (Counsel Sigurd-Øyvind Kambestad)

Justices: Indreberg, Noer, Kallerud, Bergsjø, Høgetveit Berg

A chief officer on Hurtigruten was dismissed after he had chosen the wrong path when passing Finnsnesrenna in Troms in dense fog, which made the ship touch the ground. He had not beforehand registered a route plan for the passing, and the navigation took place without a radar or map machines being controlled to determine the ship's position. Nor had he communicated the choice of route with the second officer, who was with him on the bridge. The Supreme Court agreed that he had made a serious mistake by leading the ship through Finnsnesrenna without the support of radars and map machines, and that Hurtigruten had justifiable cause to dismiss him, see section 5-6 subsection 1 of the Ship Workers Act. It was emphasised that the dismissal was a notice of changed employment, as he was allowed to continue in the shipping company as a second officer.