Dismissal after violation of the "snooping prohibition" in section 21 a of the Health Personnel Act
Supreme Court judgment 6 December 2021, HR-2021-2389-A, (case no. 21-087615SIV-HRET), civil case, appeal against judgment.
A (Counsel Anne-Gry Rønning-Aaby), Fagforbundet (intervener) (Counsel Børge Benum) v. Helse Stavanger HF (Counsel Tarjei Thorkildsen)
Justices: Skoghøy, Indreberg, Noer, Falch, Sæther
A healthcare worker was dismissed from her position because, without service needs, she had looked up information in a patient's medical journal, which was a violation of section 21a of the Health Personnel Act. The Supreme Court of Appeal found, like the Court of Appeal, that the dismissal met the requirements of section 15-7 subsection 1 of the Working Environment Act. The act was a serious breach of duty, as it may be crucial to life and health that health personnel comply with section 21a. The conflicting relationship between the health care worker and the patient, and the fact that they had exchanged text messages after the offence was discovered, made the breach of trust more serious. The fact that the Norwegian Board of Health Supervision had only given the health care worker a warning did not prevent the employer from dismissing her. The dismissal was also not considered disproportionate. The appeal against the Court of Appeal's ruling was dismissed.