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Violation of the Danish Marketing Practices Act Resulted in Summary Dismissal
Plesner, June 2014
Denmark

 

The recruitment of a large number of employees who immediately before had worked for a competitor was in contravention of the Danish Marketing Practices Act. This was established by a judgment of the Danish Maritime and Commercial Court on 7 January 2014...

Advertising for Student Assistants was Age Discrimination
Plesner, June 2014
Denmark

 

It was in contravention of the Danish Act on Prohibition against Discrimination in respect of Employment to advertise for "student assistants who would like to earn some money for a year or so before starting further education". This was established by the Danish Board of Equal Treatment by its decision of 13 December 2013.  The case involved a company's advertisement in a local paper in which the accounting department was seeking student assistants...

Termination of Consultancy Agreement
Plesner, June 2014
Denmark

 

Copying confidential emails to a private email account was not unlawful use of trade secrets, but the termination of the consultancy agreement was justified. This was established by the judgment of the Danish Eastern High Court on 27 January 2014.  The case dealt with a consultant who throughout a period of ten years had been employed by the employer. The consultant had terminated the employment relationship for expiry at the end of August 2008...

Sales Consultant was not a Salaried Employee
Plesner, June 2014
Denmark

 

By judgment of 6 January 2014, the Danish Eastern High Court found that a sales consultant did not have status as a salaried employee. The case involved a woman who for a period of 2 months had acted as a sales consultant for a company. Thereafter, the company decided to end the cooperation. The sales consultant made a claim for salary, holiday allowance, mileage allowance and compensation for lack of employment contract...

BYOD - Bring Your Own Device
Plesner, June 2014
Denmark

 

1 - What employment issues must companies consider in deciding whether to switch to the BYOD model? If companies are considering switching to the BYOD model, it can be worth considering implementing a clear IT policy regulating which devices the employee is allowed to bring and how to use them with the company's IT system...

Natural Resources in Greenland and Maritime Transport in the Arctic - the Latest Developments
Plesner, March 2014
Denmark

 

On 26 November 2013 the Danish Government and the Government of Greenland handed over their scientific documentation for sovereignty over the continental shelf northeast of Greenland to the Commission on the Limits of the Continental Shelf (CLCS) and thereby submitted a claim for an area of approximately 62,000 square kilometres off the Greenlandic north coast between Greenland and Svalbard (Norway)...

Extensions of Fixed-Term Employment Contracts
Plesner, October 2013
Denmark

 

By judgment of 28 June 2013, the Danish Eastern High Court found that it was contrary to the Danish Act on Fixed-Term Employment to extend a number of fixed-term employment contracts four times.  The case involved four electricians who were hired to work on a large project. It was agreed that their employment contracts were to expire on 25 September 2009 at which time the project should have been completed...

Life Sciences Review
Plesner, August 2013
Denmark

 

Denmark has a large life science sector, including a number of biotech and pharmaceutical companies and research activities. The sector is highly regulated and covered by extensive and complicated statutory requirements, executive orders and ethical standards. Denmark has incorporated most of the EU regulation and Danish law is thus to a large extent in conformity with the general EU regulation and practice of, for example, the European Medicines Agency (‘EMA’)...

Expelled because of ADHD
Plesner, August 2013
Denmark

 

Expulsion due to ADHD was unwarranted. The Supreme Court held in its judgment of 13 June 2013. The case concerned a paralegal who was expelled from a fixed-term contract after four days of work on the grounds that she had failed to inform the employer that she was suffering from ADHD that her special needs would place too great a burden on her colleagues and the Office clients demanded great spontaneity, flexibility and tolerance...

The Temporary Agency Workers Act has been Passed in Denmark
Plesner, August 2013
Denmark

 

A bill on the legal status of temporary agency workers in connection with stationing by an employment agency etc. has been adopted, and the act will thus become reality effective as of 1 July 2013. The act has implemented the Temporary Agency Workers Directive which serves to protect temporary agency workers and improve the quality of the work of temporary agency workers by introducing a principle of equal treatment between termporary agency workers and the user companies' own employees...

Dismissal Shortly after Maternity Leave
Plesner, December 2012
Denmark

 

By a decision of 18 October 2012 the Danish Board of Equal Treatment found that it was okay to dismiss an employee shortly after her return from maternity leave as it was not until that time that the outlook of the organisation had been established. The matter involved an employee who was dismissed shortly after the expiry of her maternity leave. The employee argued that the decision to dismiss her had been made, while she was on maternity leave...

Newly Graduates Wanted
Plesner, December 2012
Denmark

 

In two decisions of 18 October 2012 the Danish Board of Equal Treatment found that it is not permitted to use criteria in job advertisements that indicate that the advertisement is targeted at younger applicants. In the first case a 57 year old job applicant had complained that an industry association in a job advertisement had stated that emphasis was placed on the applicants having "a few years' experience or were newly graduates"...

There is No Way Back for Agreements on Salary Cuts
Plesner, December 2012
Denmark

 

The question raised in the case was whether a previously concluded agreement on salary cuts could be set aside in the event of the employer's bankruptcy to the effect that an employee could receive salary from the Employees' Guarantee Fund as if no agreement on salary cuts had been entered into between the employer and the employee some months before the employer went bankrupt...

Agency Introduces Guidelines on Low Frequency Noise from Wind Turbines
Plesner, November 2012
Denmark

 

As Denmark is situated between the North Sea and the Baltic Sea, the prevailing weather conditions suggest that wind power should constitute a major part of the country's total power production. While onshore wind turbines have dominated the Danish landscape for decades, offshore wind turbine parks have been erected in Danish waters in recent years...

No Employee Interview and Salary Negotiations During Maternity Leave
Plesner, September 2012
Denmark

 

It was a violation of the Danish Act on Equal Pay to Men and Women that an employee was not invited to an employee interview and salary negotiations during maternity leave and did not receive a salary raise. This was the ruling of the Danish Supreme Court on 14 May 2012...

'Monster rain': further advice on how to avoid damage from flooding
Plesner, May 2012
Denmark

 

For the past two years so-called 'monster rain' has hit Copenhagen in summer. The rain has flooded large areas in Copenhagen and neighbouring towns, and caused substantial damage to properties in the flooded areas, as well as closing major radial routes into Copenhagen. This update examines the ways in which the authorities intend to prevent damage caused by monster rain in future...

The Great Hypocrisy/The "Benefical Owner" Cases
Plesner, September 2011
Denmark

 

These days the Ministry of Taxation is leading a crusade against Danish companies that have omitted to withhold tax at source in connection with the payment of dividend or interest to intermediary holding companies abroad. It is claimed that the companies are liable for the tax that has not been withheld...