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.

Partner Søren Stenderup Jensen and Assistant Attorney Sebina Harder have written the article "Water plans and buffer strips: reducing emissions into watercourses", which has been published in the current edition of International Law Office (ILO).

Legal Consultant Casper Bjerregaard Eskildsen has published the article "Insourcing and Outsourcing in a VAT Context" in the latest issue of Intertax.

Partner Søren Stenderup Jensen and Senior Attorney Ellen Skodborggaard have contributed the article "Monster Rain: Further advice on how to avoid damage from flooding" to the latest issue of International Law Office (ILO).

The latest issue of the International Law Office (ILO) newsletter on environmental law includes the article "Agency introduces guidelines on low frequency noise from wind turbines" by Søren Stenderup Jensen and Sebina Harder .

Health and safety at work The amendments to the Danish Anti-Smoking Act recently entered into force, and workplace smoking ‎policies may therefore need to be amended.‎

Discrimination - Equal Treatment Act The question of whether EU law entitles an employee under notice to receive pay during the notice period ‎if this period coincides with a period of unpaid parental leave will be considered by the Danish Supreme ‎Court.‎

Discrimination - Equal Treatment Act Supreme Court ruling on compensation under the Part-Time Employment Act   A dental assistant who was dismissed after refusing to work full time was awarded 3 months’ pay by the ‎Danish Supreme Court.‎ 

Discrimination - Equal Treatment Act The Danish Supreme Court refuses to refer the issue of lower pay and termination due to age of under-18s ‎to the EU Court. ‎ Age discrimination is prohibited by the Danish Anti-Discrimination Act and the Employment Equality ‎Directive. In Denmark, however, this general principle is subject to the derogation that employers are ‎permitted to pay under-18s less than adults and to terminate their employment once they turn 18, so ‎long as the employer is comprised by a collective agreement containing specific provisions on under-18s ‎in relation to recruitment, payment and termination.‎

Holiday The EU Court recently ruled that employees who fall sick during holiday are entitled to replacement ‎holiday.‎

The outline concentrates on the management of the Joint-stock Company and the Limited Liability Company being the most commonly used forms of companies in Denmark.