Att skiljas från anställning på grund av sexuella trakasserier : En intresseavvägning mellan tre parter?

Sammanfattning: Can an employee that sexually harass another employee be dismissed with or without term of notice? This question is the focus in this study of how the Swedish Labour court rules in cases regarding dismissals of employees that is accused of having sexually harassed another employee. Dismissals are regulated in the Employment Act and sexual harassments is defined within the Anti-Discrimination Act. An investigation of these acts in combination with an account of several cases from the Labour court makes up the legal framework of the study. The results show that, of all the rulings used, the employee is a man harassing another woman. Also shown is that the Labour Court, once they have determined that sexual harassment have occurred, focuses on the working relationship between the employer and the harassing employee. Crucial for the dismissal is whether the employer has lost his or her confidence for the employee in terms of future suitability for work, not on the fact that another employee have been violated by this other employee. The study is carried out per the legal dogmatic method and I have chosen only to focus on rulings from the Labour Court, and only on rulings where the sexual harassments has taken place within the employment.