Reseptionist on Hurtigruten entitled to sick pay while he was laid off
Supreme Court judgment 22 November 2022, HR-2022-2251-A, (case no. 22-038087SIV-HRET), civil case, appeal against judgment.
Hurtigruten Coastal AS, Hurtigruten Sjø AS, The Norwegian Shipowners' Association (intervener) (Counsel Are Gauslaa), Federation of Norwegian Costal Shipping (Intervener) (Counsel Margrethe Meder) v. A (Counsel Terje Hernes Pettersen), LO Norway (intervener) (Counsel Rune Lium)
A ship worker on sick leave, who received sickness benefits from the National Insurance scheme, was laid off. After his right to sickness benefits expired, he demanded salary during sickness from the employer for the remaining period - one year from the sick leave - in accordance with section 4-4 of the Ship Labor Act. The Supreme Court, like the Court of Appeal, came to the conclusion that section 3 subsection 3 of the Mandatory Wages Act, which exempted the employer from the obligation to pay salary during the relevant period, had to give way to the right to salary during sickness under section 4-4 of the Ship Labor Act. Emphasis was placed on the fact that section 4-4 cannot be waived by agreement to the employees' disadvantage. Reference was also made to the history and nature of the rule, and to the consideration of compliance with the ILO Maritime Labor Convention.
Read the whole judgment (Norwegian only)
Area of law: Employment law
Key paragraphs: 31–32, 38 and 60
Justices: Falkanger, Bull, Falch, Høgetveit Berg, Erik Sæther