The Legal 500

In a judgment delivered 12 May 2009, the Danish Western High Court found that an employer’s dismissal of an employee, who under a private party had committed violence against a colleague, was unjustified. The employee was therefore entitled to damages according to section 3 of the Danish Salaried Employees Act. Since the ground for dismissal would have been a justified ground for dismissal, a claim for compensation according to section 2B of the Salaried Employees Act was dismissed. In the case, the Western High Court ranked the dismissal alongside with an immediate release and considered holiday for being taken which resulted in a reduction of the salaried employee’s claim for damages.

Discrimination - Equal Treatment Act From 1 June 2012 the number of deputy judges in the Danish Labour Court will increase. Following its ‎introduction in February, the Bill has now been adopted by the Danish Parliament.‎

Holiday Following a recent amendment of the Danish Holiday Act, employees are now entitled to replacement ‎holiday if they fall sick during their holiday.‎  

Termination of employment

On 25 January 2012, the European Commission proposed new rules regarding the protection of personal data in the EU. It was suggestions for two draft legislations regarding the protection of personal data in the EU.

Discrimination - Equal Treatment Act

On 1 January 2012, the Danish gambling market was opened, providing gambling operators with a license access to offer legal betting and online casino in Denmark.

Termination of employment The Danish High Court has affirmed that it was okay for an employee who was already under notice to be ‎summarily dismissed for criticising management to customers via LinkedIn. ‎

Discrimination - Equal Treatment Act Using an electronic recruitment system which requires information about applicants' age is not contrary ‎to the Danish Anti-Discrimination Act.‎

Recently a new administrative order entered into force containing more stringent rules regarding requirements for the use of cookies on the internet.

General employment law news The EU Court recently ruled that member states are entitled to provide their own definition of what a ‎worker is – as long as the definition is not arbitrary.‎