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Maximum compensation under the Danish Statement of Employment Particulars Act

June 2010 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Copenhagen City Court recently awarded a woman 20 weeks’ pay: her employer never issued a statement of particulars although she had asked for one.

The case concerned a woman who, 16 months into her employment at a cafĂ©, thought that she had been promoted to manager. But although she asked for a statement of particulars, she was never issued with one. When she tripped with a glass in her hand later that year, she damaged a nerve in her hand. She went on sick leave, but received no sick pay.  

It became too much for the woman and she sued the owner of the cafĂ©.  

The owner claimed that the employee had never been promoted to manager. The employee, on the other hand, relied on 3 pay slips from the period to show that she had been given a raise.   With regard to the issue of sick pay, the owner of the cafĂ© claimed that he considered her an hourly paid waitress and not an employee protected by the Danish Salaried Employees Act. Therefore, she was not entitled to sick pay.  

Absence of proof had tangible effects
Having regard to the employee's statement, the Court established that the failure to provide a statement of particulars had had tangible effects for her. If she had been issued with a statement of particulars, there would have been no doubt about when the employment began, her pay, the nature of her job or her hours of work. The Court also took into account that she had asked for a statement of particulars. On those grounds, the Court held that there were aggravating circumstances and awarded her the maximum compensation available under the Danish Statement of Employment Particulars Act, amounting to 20 weeks' pay.  

With regard to sick pay, the Court held on the evidence that the employee was a salaried employee and thus protected by the Danish Salaried Employees Act and entitled to sick pay.

 

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