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Trial lecture - time and place
Adjudication committee
- Professor Ivar Alvik, University of Oslo (leader)
- Associate Professor Tine Eidsvaag, University of Bergen (1. opponent)
- Senior lecturer Sabina Hellborg, University of Stockholm (2. opponent)
Chair of defence
Head of Department Margrethe Buskerud Christoffersen
Supervisors
- Professor Marianne Jenum Hotvedt
- Professor Anne Marie Frøseth
Summary
This thesis focuses on compensation in the context of employment termination, specifically examining the legal regulations for liability and calculation of damages in labor law. These rules differ in many ways from general compensation rules, challenging traditional views of liability law. Despite their practical significance, there has been few studies of these rules in Norway and in the Nordic countries. The thesis aims to establish a broad understanding of the regulations governing liability and calculation of compensation upon termination of an employment relationship.
Historical perspective and international influence
The thesis provides an overview of the evolution of employment protection and compensation regulations in Norway, from a period dominated by employer discretion and nearly unrestricted termination rights, to today's extensive national and international regulations. It highlights how the tightening of employment protection rules has, over time, heightened the standards for compensation liability. Furthermore, the thesis illustrates how the EEA Agreement has shaped compensation rules through both specific regulations and overarching principles like efficiency, equivalence, and proportionality.
Multiple grounds for liability and their interrelations
In its first main section, the thesis examines various ways an employer can be held liable when an employee is terminated. The goal is to clarify the prerequisites for liability and the relationship between different grounds for liability in termination situations. The study first looks at specific rules concerning discrimination protection and termination protection in business transfers. It then analyzes general employment protection rules and discusses the relevance of standard contract and liability rules in employment terminations. The thesis demonstrates how multiple liability grounds can apply simultaneously in certain termination scenarios, meaning they can overlap to some degree. The main rule is that the employee can choose which ground to claim compensation under. It clarifies the conditions and core areas of liability grounds, making it easier to determine the appropriate basis for a compensation claim.
Guidelines for compensation calculation
The second main section of the thesis explores how compensation should be calculated. It analyzes the reasonableness standard in Section 15-12 of the Working Environment Act, looking closely at principles that can be established for calculating economic and non-economic losses.
The thesis emphasizes the importance of identifying the objectives and considerations underlying compensation determinations. Compensation under employment protection rules primarily aims to ensure effective protection, a goal difficult to achieve without restoring the financial effects of employment rights violations. Many compensation principles differ from standard liability law, often grounded in deterrence aims, such as the principle that no deductions should be made for other income.
Analyses in this second section also reveal that courts are increasingly moving towards a more principle-driven approach to compensation calculation. Court practices show attempts to anchor compensation in specific principles and considerations, though lacking guidelines from the Supreme Court has resulted in inconsistent practices across district and appellate courts.
General contributions and key findings
The thesis offers a detailed analysis of compensation rules at the termination of employment, at the intersection of various legal domains like labor law, anti-discrimination law, contract law, tort law, and EEA law. By examining different compensation rules related to employment termination, the thesis explores an aspect of employment protection previously under-explored.
It underscores the importance of balancing protection for employees with the necessary freedom of action for employers in termination compensation rules. A persistent finding is that employers' liability for compensation is primarily based on an objective assessment of the termination and its circumstances, rather than on individual culpability. The thesis also consistently highlights the influence of EEA law on these rules and stresses the need for better integration of EEA principles in judicial assessments moving forward.