Norway, Homble Olsby Advokatfirma AS updates

Employment & Benefits

Contributed by Homble Olsby Advokatfirma AS
Can several companies within a group employ an employee?
  • Norway
  • 06 March 2019

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.

Discrimination based on religious grounds: employee's refusal to shake hands with women
  • Norway
  • 23 January 2019

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.

Supreme Court rules on whether employees can choose employer following transfer of undertakings
  • Norway
  • 14 November 2018

A non-statutory Norwegian rule provides employees with the right to choose to stay with their former employer following a transfer of undertakings provided that certain conditions are met. In this regard, the Supreme Court recently ruled that employees who are subject to a transfer of undertakings can choose to stay with their former employer if it is likely that they will lose their early retirement pension under the new employer.

Employer warnings may be challenged in court
  • Norway
  • 15 August 2018

The Supreme Court recently ruled in a case in which an employee had challenged the lawfulness of a warning issued by their employer. Prior to this case, Norwegian lawyers had generally been of the view that warnings were part of an employer's right of management and that the courts would not try cases challenging such warnings as they have no actual consequence.

Travel time is working time: Supreme Court confirms EFTA Court's approach
  • Norway
  • 27 June 2018

The Supreme Court recently concluded that time spent travelling on an employer's orders constitutes working time. This conclusion is in line with a recent European Free Trade Association Court advisory opinion and has ended a four-year legal battle. The judgment will have a broad impact on the Norwegian labour market, as it raises the level of protection available for employees.


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