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New award levels applied

May 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

More articles by this firm.

Statements of employment particulars
A deficient statement of employment particulars cost the employer about EUR 1,350 because the deficiency could have meant a financial loss for the employee.

n December 2010, the Danish Supreme Court issued some guidelines to help the courts assess compensation in cases concerning deficient statements of particulars. Click here to see our news commentary. The Danish Eastern High Court has now applied the guidelines for the first time.

An employee worked at a department store. When she was dismissed with 10 days’ notice, she claimed that she was a salaried employee under the Danish Salaried Employees Act and therefore entitled to longer notice – although her employment contract said nothing about her being a salaried employee.
In court she claimed the longer notice period under the Danish Salaried Employees Act and about EUR 1 350 in compensation for the deficient statement of particulars.
Her employer did not believe that her statement of particulars was deficient. The employer also did not believe that the employee was a salaried employee, and therefore refused to compensate her for the shorter notice period. But the employer did acknowledge that if the employee was in fact a salaried employee, her statement of particulars was deficient.
Statement of particulars was deficient
The Court held that, because of the nature of her duties and responsibilities, the employee was indeed a salaried employee and, as such, entitled to the longer notice period under the Danish Salaried Employees Act. In addition to ordering the employer to give her pay during the longer statutory notice period, the Court also awarded the employee about EUR 1 350 in compensation for the employer’s breach of the Danish Statement of Employment Particulars Act.
Norrbom Vinding notes:
  • that the High Court’s assessment of compensation seems to have been made on the basis of the guidelines issued in the Danish Supreme Court's judgment from December 2010; and

  • that the case shows that the Danish Supreme Court’s new guidelines for award levels in cases about deficient statements of particulars appear to be taking root in the judicial system.
The above does not constitute legal advice and should not be relied upon as such

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