Sweden

Sweden Swe. 1 Labour Court AD 2011 no. 20 Dismissal - employer´s duty of loyalty HEADNOTES Facts This case concerns a dispute between a Swedish female pilot (H.G.) and her employer, West Air Sweden AB in Gothenburg. She started her employment with the company in 2003 and from May 2004 she worked as a co-pilot. She was on parental leave between October 2006 and January 2008. In April 2008 she went on parental leave again, staying away until April 2009. She was dismissed in April 2010. The issue concerns the question of whether objective grounds for dismissal exist, since it is clear that she did not have the proper certifications to fly the aircraft when she returned from her last parental leave. The thing is that while H.G. was on parental leave, the company introduced a new type of aircraft. The Swedish Pilot Association, whose member H.G. was, filed a complaint to the Labour Court, requesting in the first place that the dismissal be declared null and void, and in the second place, that exemplary damages amounting to 75,000 SEK be awarded. The employer parties rejected the complaint. Decision The complaint was upheld. Law applied 1982 Employment Protection Act, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
© Copyright 2015 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/22116028-90000067
Publisher site
See Article on Publisher Site

Abstract

Swe. 1 Labour Court AD 2011 no. 20 Dismissal - employer´s duty of loyalty HEADNOTES Facts This case concerns a dispute between a Swedish female pilot (H.G.) and her employer, West Air Sweden AB in Gothenburg. She started her employment with the company in 2003 and from May 2004 she worked as a co-pilot. She was on parental leave between October 2006 and January 2008. In April 2008 she went on parental leave again, staying away until April 2009. She was dismissed in April 2010. The issue concerns the question of whether objective grounds for dismissal exist, since it is clear that she did not have the proper certifications to fly the aircraft when she returned from her last parental leave. The thing is that while H.G. was on parental leave, the company introduced a new type of aircraft. The Swedish Pilot Association, whose member H.G. was, filed a complaint to the Labour Court, requesting in the first place that the dismissal be declared null and void, and in the second place, that exemplary damages amounting to 75,000 SEK be awarded. The employer parties rejected the complaint. Decision The complaint was upheld. Law applied 1982 Employment Protection Act,

Journal

International Labour Law Reports OnlineBrill

Published: Nov 25, 2015

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