A division manager from Aabenraa Local Authority sued the local authority because he believed that he was not obliged to carry out the duties that the local authority had assigned to him in his notice period. It was therefore the manager's opinion that he was entitled to compensation or damages from the local authority.
The manager had been employed with the local authority as division manager until the position was made redundant during a general restructuring of the administration. The manager refused a re-employment offer and was therefore dismissed with twelve months' notice in accordance with the collective agreement.
In the notice period, the employee was moved to another position as an advisor in the Health and Care Administration. The duties included drafting a plan for disability and psychiatric care and a strategy for residential care facilities.
The question was whether the position as advisor could be considered appropriate work for the manager in the notice period and whether the manager had a claim for damages or compensation.
Inappropriate duties, but no damages
In its decision, the Western High Court compared the position as advisor with the position as division manager. According to the job description, the position as division manager was an administrative executive position with staff and budget responsibility. The position as advisor involved neither staff responsibility, managerial tasks nor budget responsibility, but required a general overview of strategy and economy.
Even though division managers often solve quasi-advisory tasks, the advisory position involved such a material change that in the opinion of the Western High Court, the local authority was in breach of the employment contract. Consequently, the manager was not obliged to perform the advisor tasks assigned to him.
However, the Court concluded that the manager could not claim damages from the local authority as the manager had been paid salary during the entire notice period and the manager had therefore not suffered a financial loss. Finally, the change of position did not involve such an unlawful insult to the manager's person that he had a claim for compensation for injury to his feelings under s. 26 of the Danish Liability in Damages Act.
iuno's opinion
The judgment shows that an employer cannot assign just any type of duties to a former manager. In determining what type of duties can be assigned to a former manager in the notice period, regard should be had to whether the duties deviate materially from the duties previously carried out by the manager. If a fired employee carried out executive duties in his former position, the employee's position in the notice period must also involve executive duties and related responsibilities.
[Judgment rendered by the Western High Court on 7 February 2012 in case no. B-0835-11]