Employment law – dismissal during trial period
Supreme Court judgment 18 March 2021, HR-2021-605-A, (case no. 20-158072SIV-HRET), civil case, appeal against judgment.
A (Counsel Øyvind Hasli-Nielsen) v. X AS (Eivind Arntsen)
Justices: Webster, Matheson, Noer, Arntzen, Steinsvik
A waiter was dismissed during his trial period, see section 15-6 of the Working Environment Act. The reason stated was lack of trust, as he had not told his new employer that he had been dismissed by his former employer due to threats and cooperation issues. This dismissal was later ruled invalid by the District Court. The Supreme Court ruled the dismissal invalid. It was assumed that the threshold for dismissal is somewhat – not entirely insignificantly – lower than what generally applies. The Court took as its starting point that job applicants cannot give directly misleading information about themselves and previous employment relationships. However, the main rule must be that an employee is not obliged to give information about earlier conflicts at work, unless asked. It is primarily information relating to professional qualifications and work experience that is required. In its individual assessment, the Supreme Court found that the waiter had no duty to tell his employer about his previous employment relationship and the conflict there. The fact that he had given misleading information regarding his activities during the two last years was not sufficient for dismissal. The Court also emphasised that there was nothing negative to say about his work performance or trustworthiness in the new employment relationship.