Stress-related sacking under fire

The Danish Association of Lawyers and Economists (DJØF) has won a test case against a law firm on behalf of a lawyer who was fired following a stress-related illness.

The association is working to make it harder and more expensive to dismiss an employee on sick leave due to stress.

Too easy to dismiss employees

DJØF, which has more than 80,000 members, is pleased with the ruling, but not completely satisfied yet.

“This case shows that it is too easy to dismiss employees. The compensation levels in the Danish Employers' and Salaried Employees' Act are not high enough to give employers second thought. Simply put, it doesn’t cost them enough money,” said Lars Qvistgaard, head of DJØF’s collective agreement association, to Danish daily Politiken.

The Danish Eastern High Court ruled that a 32-year-old lawyer should have received two months’ salary in compensation from the law firm that fired him.

Seeking a legislative change

Although the ruling was in favour of DJØF, the association views the case as a sign that the cost of unfair dismissal due to sickness is too small to deter employers.

DJØF wants to see a change in the Danish Employers' and Salaried Employees' Act so that there is a shared burden of proof, as in cases of dismissal due to parental leave. Under current law, the employee must provide proof that the dismissal was unfair.

“There should be a shared burden of proof, similar to that employed in cases where employees on parental leave are dismissed,” said Qvistgaard to Politiken.