Supply teachers are not entitled to permanent employment after three years
Supreme Court judgment 25 October 2022, HR-2022-2049-A, (case no. 22-030127SIV-HRET), civil case, appeal against judgment.
A (Counsel Lornts Natrud Nagelhus), The Norwegian Union of Municipal and General Employees (intervener) (Counsel Kjetil Edvardsen) v. Nord-Fron municipality (Counsel Cecilie Roaldsøy Sæther), The Norwegian Association of Local and Regional Authorities (intervener) (Counsel Frode Lauareid)
A woman without formal teacher training, who had worked as a supply teacher for more than three years with a legal basis in section 10-6 of the Education Act, demanded permanent employment with the municipality. The Supreme Court found that section 14-9 of the Working Environment Act, which gives employees who have been temporarily employed for more than three years a right to permanent work, was not applicable to temporary employment under the provisions of the Education Act. Particular importance was attached to statements in the preparatory works to the two provisions. This interpretation was in compliance with Council Directive 1999/70/EC on temporary work, and EEA law did not indicate any other solution than that found in domestic sources of law.
Read the whole judgment (Norwegian only)
Areas of law: Employment law, section 14-9 of the Working Environment Act, section 10-6 of the Education Act.
Key paragraphs: 37, 52, 54, 61, 63-65
Justices: Webster, Falkanger, Arntzen, Høgetveit Berg, Sæther