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Plesner Advokatpartnerselskab | European Union | 8 Mar 2017

Ministry of Employment liable for replacement holiday damages

In a recent decision, the Supreme Court considered whether the Ministry of Employment was liable for damages regarding replacement holiday. The court found that the Danish authorities had set aside EU law and were liable for damages. However, as the employee's holiday had taken place in 2010 – before the Holiday Act should have been amended – the employee was not entitled to compensation.
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Plesner Advokatpartnerselskab | Denmark | 14 Dec 2016

Revisions tabled in 2016/2017 legislative programme

The government recently presented its legislative programme for the parliamentary year 2016/2017. The programme contains a number of upcoming proposals for amendments within the area of employment and labour law, including proposed amendments to the Holiday Act, the Childbirth Act, the Public Servants Act, the Working Environment Act and the Vocational Training Act.
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Plesner Advokatpartnerselskab | Denmark | 3 Oct 2016

Denmark ratifies Hong Kong convention promoting environmentally sound ship recycling

Denmark recently ratified the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships, which aims to ensure that ships being recycled at the end of their operational lives pose no unnecessary risk to human health and safety or the environment. It is hoped that the convention will help to set global standards to ensure that ships are broken up safely.
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Plesner Advokatpartnerselskab | Denmark | 21 Sep 2016

Relocation and dismissal of disabled employee in flexible job not contrary to Anti-discrimination Act

A recent Board of Equal Treatment case involved a municipality's alleged discrimination against a disabled employee who was relocated to another flexible job with a reduced salary and later dismissed on the grounds of improving efficiency. The board found that the employee had accepted employment in a new flexible role and that the salary reduction was not an expression of discrimination, but......
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Plesner Advokatpartnerselskab | Denmark | 20 Jul 2016

Senior employee entitled to bonus

The Maritime and Commercial Court considered whether a senior employee's claim for a bonus payment under a bonus plan constituted 'salary' as defined in Section 17a of the Salaried Employees Act. The court attached significance to the contents of the bonus plan, the purpose of Section 17a and the wish to counter the risk of circumvention. Consequently, the senior employee was entitled to a......
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Plesner Advokatpartnerselskab | Denmark | 24 Jun 2016

New legislative package on planning agreed

The government recently concluded a new legislative package on planning. The agreement includes development opportunities in coastal areas and development opportunities in rural areas. The rules on planning in coastal areas address natural protection concerns and aim to keep the Danish coastline free from building development. However, the agreement has been criticised for its failure to......
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Plesner Advokatpartnerselskab | Denmark, European Union | 11 May 2016

Obesity not necessarily a disability

A recent judgment shows that obesity alone does not constitute a disability under the Anti-discrimination Act, but that it may do so in certain special circumstances. Obesity may constitute a disability only if it has been sufficiently documented that physical, mental or psychological impairments or discomfort caused by it prevent the affected employee from fully and effectively carrying out......
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Plesner Advokatpartnerselskab | Denmark, European Union | 11 Apr 2016

New agricultural legislative package announced

The government recently agreed to a new legislative package on foodstuffs and agriculture that aims to introduce more specific regulations to fully realise the potential of Danish agriculture. The package has since come under criticism from scientists who believe that the numbers behind the proposal are misguiding, and that the package will have larger environmental impacts than first assumed......
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Plesner Advokatpartnerselskab | Denmark | 16 Mar 2016

Court rules employee cannot accept non-salaried assignment on board of directors of competing company

The Western High Court recently found that an employer's summary dismissal of an employee was justified due to the employee's non-salaried assignment on the board of directors of a competing company. The decision illustrates that the assessment of an employee's duty of loyalty in connection with a summary dismissal may be more stringent if a competing undertaking is involved.
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Plesner Advokatpartnerselskab | Denmark | 15 Feb 2016

Municipalities and utility companies cooperate to tackle flooding

A number of Danish municipalities and utility companies are cooperating at a local level to protect their towns from the effects of climate change. Efforts to protect towns against flooding include limiting the amount of surface water allowed into sewage systems through planning or regulatory measures, diverting surface water to places where it will cause less damage and using urban......
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