Question Regarding Breach Of The Vacation Act

An employer denied an employee, who was on annual leave, the right to deduct four days of the annual leave when the employee's child had been sick and the employee was entitled to leave with temporary parental allowance pursuant to the Parental Leave Act. The employer was of the opinion that, among other things, there is no right for the employee pursuant to the Vacation Act or current collective agreement to interrupt the on-going annual leave unilaterally in order to be on leave for temporary parental care of children.

The trade union SKTF (the "Union") started proceedings against the employer and claimed that the Labour Court shall oblige the employer to pay general damages to the employee for breach of the Vacation Act or the collective agreement, alternatively (the parties had agreed that the current regulation of the collective agreement had the same meaning as the regulation of the Vacation Act). The Union considered that since the employee had, without