Termination due to threats outside working hours

Background

An employer arranged a dinner for the employees. After the dinner, some of the employees went to a bar where disagreements arose, and one of the employees threatened another. The threatened employee reported the incident to the employer, which led to the employee who made the threat being dismissed. Despite the fact that the dismissed employee had been employed at the workplace for over 30 years.

An employment contract is formally entered into when two parties agree to an employment. This agreement is of an individual nature, as only the parties directly involved can decide on its conclusion. A general rule is that an employment contract is valid until further notice, unless otherwise agreed.

The assessment of the Labour Court

In the case, the Labour Court began by explaining which party has the burden of proof, i.e. which party must prove that the alleged incident actually took place.

An employer has the burden of proof that an employee has committed an act that constitutes a legal basis for dismissal. According to the Labour Court's case law, the evidentiary requirements for crimes committed by an employee should not be lower than in a criminal case. It must therefore be proved beyond reasonable doubt that the incident actually took place.

In this case, the court considered that it was beyond reasonable doubt that one employee threatened another. This was mainly supported by consistent testimonies that had not been contradicted by other investigation results.

The Labour Court assessed that the threat constituted a serious violation of a kind that generally disrupts the workplace. The fact that the incident occurred in connection with a dinner organized by the employer was also significant. The court considered that the incident had a connection to the workplace because of this.

Despite the employee's long period of employment and the fact that the incident occurred outside working hours, the threat was considered a serious breach of the employee's obligations towards the company. The employer was deemed to have sufficient grounds for dismissing the employee.

In summary

• Be aware of the process: An employment agreement establishes the working relationship between employer and employee and it is important to understand how and when this agreement is entered into.
• Violence and threats in the workplace have long been considered acceptable grounds for dismissal.
• Even crimes committed outside the workplace have, according to legal precedent, been able to result in dismissal.
• Previous precedent has included cases of violent crimes, and in the specific case, threats have also been considered lawful grounds for dismissal.
• In the assessment by the Labour Court, the connection between the incident and the workplace, as well as the risk of serious disruptions in the workplace, are analyzed.
• All circumstances in the individual case are taken into account, and the employer has the responsibility to prove that the incident actually occurred, beyond reasonable doubt.