The Danish Supreme Court recently held that an employer had discharged the reversed burden of proof in a case concerning a physiotherapist who was dismissed shortly after her return from maternity leave. |
Search result: 4 articles
Year 2020 xCase Reports |
2020/47 The Danish Supreme Court decides on reversed burden of proof (DK) |
Journal | European Employment Law Cases, Issue 4 2020 |
Keywords | Gender Discrimination |
Authors | Christian K. Clasen |
AbstractAuthor's information |
Case Reports |
2020/14 Sickness absence related to employee’s disability (DK) |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Disability Discrimination, Unfair Dismissal |
Authors | Christian K. Clasen |
AbstractAuthor's information |
Recently, the Danish Eastern High Court found that an employee’s sickness absence was a result of the employer’s failure to comply with its obligation to offer reasonable accommodation for the employee’s disability. For that reason the employee, who was dismissed in pursuance of the Danish ‘120-day rule’, was entitled to compensation for unfair dismissal under the Danish Anti-Discrimination Act. |
Case Reports |
2020/32 Employee barred from claiming compensation under the Anti-Discrimination Act due to agreement in full and final settlement (DK) |
Journal | European Employment Law Cases, Issue 3 2020 |
Keywords | Disability Discrimination, Discrimination General |
Authors | Christian K. Clasen |
AbstractAuthor's information |
The Danish Western High Court recently found that an employee who had entered into a severance agreement – and who was represented by her professional organisation during this process – was barred from claiming compensation under the Danish Anti-Discrimination Act, implementing Directive 2000/78. |
Case Reports |
2020/6 Supreme Court judgment on the concept of comparable permanent employees (DK) |
Journal | European Employment Law Cases, Issue 1 2020 |
Keywords | Fixed-term work, Other forms of discrimination |
Authors | Christian K. Clasen |
AbstractAuthor's information |
In a recent case on fixed-term employment, the Danish Supreme Court addressed the question of what constitutes a comparable permanent employee. The Supreme Court ruled that four employees, who worked in a government agency, were not comparable with the agency’s permanent employees and for this reason they had not been discriminated against on the grounds of their fixed-term contracts. |