Employee with permanently reduced capacity for work could be dismissed

An employee was dismissed after it had been clarified that his capacity for work was permanently reduced by 50 percent. Adaptation measures under section 4-6 of the Working Environment Act in order to have him back fulltime had been implemented in vain. The Supreme Court concluded that the duty under section 4-6 did not entail a duty to allow the employee to continue on a permanent basis in a halftime position. The duty "as far as possible" to implement measures does not necessarily involve a duty to create a new, halftime position for another employee. If there are permanent changes in the organisational structure of the enterprise, there must be weighty reasons before section 4-6 entails a duty for the employer to do so. Section 10-2 subsection 4 of the Working Environment Act and section 22 of the Equality and Anti-Discrimination Act could not lead to any other result. Although the basis for a court review of dismissals is documentation of the employer's assessments prior to the dismissal, the Supreme Court found that it had to be possible under the circumstances to supplement this basis through party and witness statements in court.

Read the whole judgment (Norwegian only)

Area of law: Employment law.
Sections 4-6, 15-5 and 10-2 of the Working Environment Act
Section 22 of the Equality and Anti-Discrimination Act 

Key paragraphs: 46‒48, 55‒56, 59

Justices: Falkanger, Bull, Ringnes, Thyness, Sæther