A recent district court ruling demonstrates that an employer can be liable for a customer's sexual harassment towards an employee. The ruling shows that, as a minimum, employers should perform a risk analysis of and have a zero-tolerance approach to sexual harassment, have guidelines on sexual harassment matters and immediately address sexual harassment situations if they occur.
Norway's labour legislation has undergone a number of amendments in recent months. For example, Parliament recently adopted a proposal to further strengthen the position of whistleblowers and amendments enhancing the rights of seafarers are set to enter into force in August 2019. In addition, in order to lower the threshold for processing sexual harassment disputes, the Anti-discrimination Tribunal has been authorised to enforce the prohibition on sexual harassment in the workplace.
The Supreme Court recently ruled in a case concerning the validity of an amendment termination. In its decision, the court commented on the difference between the threshold for amendment terminations and that for ordinary complete terminations of employment. Although the matter at hand was regulated by the Ship Employee Act, the Supreme Court's judgment is relevant for amendment terminations under the Working Environment Act.
Parliament is processing a proposal for amendments to employment legislation concerning whistleblowers to further strengthen their position. The amendments are expected to be effective from 1 July 2019 or 1 January 2020. The main proposed amendments include an extension of the scope of persons subject to the whistleblowing provisions and clarification of the terms 'censurable conditions' and 'retaliation'.
In a recent case, a number of Norwegian Airlines pilots and cabin crew claimed that three of the companies in the Norwegian Group constituted their employer. However, the Supreme Court concluded that only one of the companies constituted their employer. This ruling clarifies the factors which are relevant in assessing whether the engagement of personnel is considered an acquisition of services or a hiring of personnel.
The Anti-discrimination Tribunal recently concluded that a municipality's refusal to extend a temporary employee's contract after he refused to meet their requirement to shake hands with women did not constitute discrimination. However, the tribunal concluded that the Norwegian Labour and Welfare Administration had discriminated against the employee when it cancelled his social aid following his refusal to comply with the municipality's requirement.
The Supreme Court recently deemed that a municipality's termination of its agreement with a general practitioner (GP) after she refused to insert an intrauterine device for a patient for reasons of conscience relating to her religion was invalid. The GP claimed that her termination was invalid because, among other things, it contravened Article 9 of the European Convention on Human Rights (freedom of thought, conscience and religion).