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Six months' salary awarded in compensation under the Danish Act on Equal Treatment of Men and Women

January 2009 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

More articles by this firm.

21-07-2008 - A bankrupt company had to let all of its employees go, but the majority was offered employment with a new company which had acquired the activities.

Judgment by the Danish Western High Court

A bankrupt company had to let all of its employees go, but the majority was offered employment with a new company which had acquired the activities. A pregnant sub-editor was not offered a job with the new company and she did not apply when a marketing assistant job was advertised. She then brought a claim for discrimination under the Danish Equal Treatment Act because the company had not offered her the marketing assistant job.

Taking into account that she was qualified for the marketing assistant job, the Court found that the claimant had shown there was reason to believe that she had been discriminated against and the onus was therefore on the employer to prove that this was not the case.

The Court did not find that the employer had discharged the onus of proof, saying that the difference in the nature of the jobs should not be given decisive weight. Her failure to apply should not be given any weight, either. On those grounds, she was awarded compensation amounting to 6 months' salary.

Yvonne Frederiksen
yf@norrbomvinding.com

This information does not constitute legal advice and should not be relied upon as such

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