No obligation to consider reassignment upon dismissal
Supreme Court judgment 5 September 2025, HR-2025-1687-A, (case no. 25-021779SIV-HRET), civil case, appeal against Hålogaland Court of Appeal's judgment 4 December 2024.
X municipality (Counsel Frode Lauareid), The Employers' Association Spekter (intervener) (Counsel Margrethe Meder) v. A (Counsel Eirik Pleym-Johansen), The Norwegian Union of Municipal and General Employees (intervener) (Counsel Edvard Bakke).
A nurse was dismissed by a municipality in Finnmark after striking a mentally disabled patient in the face with an open hand. The nurse challenged the dismissal in court, seeking to have it declared invalid. The Court of Appeal ruled in the nurse’s favor, noting, among other things, that the municipality had not genuinely considered the possibility of reassignment.
However, the Supreme Court set the Court of Appeal’s judgment aside.
Dismissal allows an employer to terminate employment with immediate effect. The Supreme Court emphasised that such action typically stems from serious breaches of duty by the employee, resulting in a loss of trust. In these circumstances, the employer is under no obligation to consider reassignment.
Read the judgment from the Supreme Court (Norwegian only) (PDF)
Key paragraphs: 46, 47
Area of law: Employment law. Section 15-14 of the Working Environment Act.
Justices: Webster, Høgetveit Berg, Sæther, Sivertsen, Lund