The Supreme Court recently held that an employer had been unjustified to summarily dismiss an employee with retroactive effect after discovering that he had covertly recorded a conversation with his manager. The court had to decide whether the employee's secret audio recording could be regarded as a material breach of the employment relationship and justify summary dismissal.
The Board of Equal Treatment recently found that an amendment to a university lecturer's homeworking agreement and her subsequent termination did not conflict with the Anti-discrimination Act. The board held that there had been no indirect discrimination against the lecturer on the grounds of her national or ethnic origin, as it was her choice of residence rather than her ethnic or national origin that had given rise to the situation that led to her termination.
The Supreme Court recently examined whether the dismissal of a disabled employee from a publicly funded, reduced-hours job when he reached the mandatory retirement age – and the public funding lapsed – violated the Anti-discrimination Act. The court found that the employer's receipt of a subsidy from the local authorities for the reduced-hours job had to be regarded as a clear condition of employment and that the basis of employment had thus lapsed when the wage subsidy ended.