En virksomhed kunne ikke opnå forbud mod en tidligere medarbejders konsulentarbejde for en konkurrent. Byretten havde fundet, at virksomheden havde fortabt muligheden for at håndhæve konkurrenceklausulen, og landsretten afviste kæremålet, fordi klausulperioden var udløbet.
En kundeklausul indgået i en ejeraftale kunne ikke opretholdes, fordi kapitalejeren reelt skulle betragtes som funktionær.
En kundeklausul efter funktionærloven kunne opretholdes i en ny ansættelseskontrakt, selvom ansættelsesklausulloven var trådt i kraft. Bordet fangede dog, da medarbejderen i forbindelse med opsigelsen modtog og skrev under på en klausul på andre vilkår.
En konkurrenceklausul indgået i en ejeraftale kunne opretholdes fuldt ud, selvom kapitalejeren havde afhændet sine kapitalandele, var fortsat som medarbejder og siden blev opsagt.
The Executive Order on Rest Periods and the Executive Order on Systematic Working Environment Work have been amended in light of the new rules on registration of working hours.
An employer could not obtain an injunction against a former employee performing consultancy work for a competitor. The district court found that the employer had forfeited the opportunity to enforce the non-competition clause, and the high court dismissed the appeal because the restricted period had expired.
The Supreme Court has established that the concept of ”employment” in the Aliens Act must be interpreted very broadly. A bicycle dealer was fined DKK 10,000 because one of his friends who did not have a work permit had helped him carry a few bikes into the bike shop.
An employer’s wish to help a dismissed employee by giving an incorrect dismissal reason in the termination letter could not lead to the principle of equal treatment not being breached.
Draft amendments to the Executive Order on Rest Periods and the Executive Order on Systematic Working Environment Work have been submitted for consultation. Among other things, it is proposed to align the exemption for the so-called self-organisers.
The Parliament has adopted the bill implementing the political agreement on 13 weeks of additional leave with parental benefits for twin parents and adoptive parents.
An employee who was planning to undergo fertility treatment but had not yet started the treatment was not covered by the special protection against dismissal in the Equal Treatment Act.
The Supreme Court recently upheld the Eastern High Court’s ruling establishing that a shop steward’s function ended at the time of a business transfer because the transferee had renounced the collective agreement.
The Legal 500 recently released their 2024 rankings for labour and employment law in Denmark. Norrbom Vinding maintains the position as top-ranked and is e.g. described as “Leading specialists on employment law matters” and “The team is composed of very knowledgeable lawyers, who are experts in their fields”.
A pregnant employee was entitled to compensation under the Equal Treatment Act as a result of a material change to her maternity leave terms even though she had not left her position.