Fingerad arbetsbrist - Arbetsdomstolens gränsdragning

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: For a termination to be valid in Sweden, it requires objective grounds. A termination can be based on two things; either redundancy or personal cause. While the latter covers everything that is to relate to the employee personally, redundancy covers all other things such as actual lack of work duties or reorganization. In turn, fingered work deficiency is used to describe a situation where an employee is let go due to redundancy while the actual cause is personally related to the employee. In such cases, the Labour Court’s job is to try the dismissal based on the real cause. Terminations based on personal cause is harder to perform due to, amongst other things, redundancy generates objective grounds. The essay has aimed at examining how the Labour Court has decided to draw the limits concerning fingered work deficiency. Thusly, 51 court cases have been studied and summarized in Appendix 1. The court cases show that so long as redundancy exits, the Labour Court judges a redundancy termination as based on redundancy and not a case of fingered work deficiency. The Labour Court’s judgement is also that the presence of redundancy precedes the simultaneous occurrence of personal cause.

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