Temporary Injuries May Also Be Deemed Industrial Accidents

New Legislation Enacted

Author: Tina Reissmann, Partner - Labora Legal

It is the assessment of the legislators that the injury concept had become too narrow in practice, since injuries not requiring treatment to heal, pass or be reduced cannot be recognized as “industrial injuries.” The new Act – which comes into force on January 1, 2020 – specifically sets out that “temporary” injuries may also be recognized as “industrial injuries.” “Temporary” injuries do not necessarily require treatment to heal or pass. Examples include a wound, strain or minor psychological reaction healing or passing by itself within a short period of time, as long as the injury “has psychological or physical consequences, which in any way affect the general condition or daily life of the injured person either on a temporary or permanent basis.”

Supreme Court Decision on Audio Recordings of Conversation with Employer

Precedential Decision by Judiciary or Regulatory Agency

Author: Tina Reissmann, Partner - Labora Legal

The Danish Supreme Court (with nine judges instead of the usual five) has held that it was not justified to summarily dismiss an employee with retroactive effect, when the employer found he had covertly recorded a conversation with a manager, who was not aware hereof.

High Court Decision on the Act on Equal Treatment of Men and Women

Precedential Decision by Judiciary or Regulatory Agency

Author: Tina Reissmann, Partner - Labora Legal

The dismissal of an employee, who called in sick on the first day after a period of childbirth-related leave and holiday was not in conflict with the Act on Equal Treatment of Men and Women.