A dock worker in Gothenburg was terminated after he repeatedly left early and lied about it. There were also a series of other issues, including that he had ignored procedures for cleaning up an oil spill at a port terminal.
The employee was reprimanded at several meetings and received a written warning. However, it became clear to the company that he would not improve, and he was terminated.
Termination was far from surprising
The court concluded that a termination should not come as a surprise to anyone. It was clear to the employee that his employment was in danger. Despite that, he had shown that he was unwilling to change. He had no reason to believe that his behaviour was acceptable.
The court also agreed that reassignment was out of the question due to the serious and repetitive nature of the employee’s behaviour.
IUNO’s opinion
It is generally difficult to carry out a justified termination when it is based on the employee’s behaviour. However, this case shows that it is possible, but that companies should secure paper trails documenting efforts to address the issues.
IUNO recommends having procedures in place for employees who breach company policies and procedures. We have previously written about how to draft a “good warning” here.
[The Labour Court’s decision of 18 December 2024 in case 103/24]