Provoked termination

Constructive dismissal - especially regarding AD 2023 No. 11

During the spring, the Labour Court handled a case regarding a so-called constructive dismissal, AD 2023 No. 11. Below is a summary of what constructive dismissal means and what conclusions can be drawn from the case.

What is constructive dismissal?

An employee's resignation can be considered as a termination from the employer's side under special circumstances. The resignation is then considered a constructive dismissal.

A dismissal is considered constructive if it is caused by the employer acting in violation of good practice in the labor market or otherwise unfairly.

If a dismissal is considered constructive, it can be declared invalid and the employee may receive financial and general damages.

The burden of proof lies with the party claiming constructive dismissal to show that the dismissal was caused by the employer's unfair actions or omissions.

AD 2023 No. 11

The case AD 2023 No. 11 concerned a permanent store salesperson who resigned. The dispute in the case concerned whether the resignation was caused by the actions of the company's representatives and thus should be considered a constructive dismissal.

The employee argued that among the company's representatives, there had been a derogatory tone about Roma people in the workplace. The employee had Roma origin and had experienced that the representatives of the store had treated her in a demeaning manner.

The employer argued that the company had not had the opportunity to take action because the employee had not made any complaints about the alleged incidents until after the resignation.

The Labour Court found no reason to question the former employee's perception of poor conditions in the workplace. However, the Court considered that the employee's side had not shown that these conditions were the reason for the employee's resignation, nor that the employee had expressed their views to the store management during the employment.

The Labour Court considered that it was not proven that the company had acted unfairly and in violation of law and good practice in the labor market, thus causing the resignation.

A comment

The current case from the Labour Court emphasizes the importance of having evidence that misconduct has occurred and that feedback on this has been presented to the employer.

Here at Alex Ltd. (publ.), we are experts in labor law. Whether you are an employer or an employee, feel free to contact us with questions and advice regarding dismissals or other labor law matters. You are welcome to book an initial 30-minute conversation with us at alexapp.se!

In summary

• A provoked termination means that an employee's termination can be considered a termination from the employer under special circumstances.
• A termination is provoked if it has been caused by the employer acting in violation of good practice in the labor market or otherwise improperly.
• In the case of a provoked termination, the termination can be declared invalid and the employee may be entitled to financial and general damages.
• The burden of proof that the termination was caused by the employer's improper conduct lies with the party claiming a provoked termination.
• In case AD 2023 no. 11, the Labor Court did not find that the employer acted improperly, despite the employee's experience of offensive treatment.
• The court argued that the employee's side did not demonstrate that the alleged misconduct was the reason for the termination or that it was communicated to the employer during the employment.
• Experts at Alex AB (publ.) offer advice on terminations and other labor law issues.