A company was not obliged to offer a vacancy to an employee who was arrested due to a lack of work. Termination was mainly because the employee did not have the right qualifications for unemployment.
The case in brief
The case is about a locksmith, who was appointed on August 1, 2001. He was, according to the employment contract employed as a lift technician, but had over the years primarily serviced escalators. Only to a limited extent, he had worked with lifts. Due to the decline in service on escalators, the company chose at the end of October 2016 to bring a position in the escalator and the choice fell on him.
The employee contested the resignation because he believed that the company had a reassignment obligation, as also in the department for reinstalling elevators was a vacancy. The employee did not doubt that there was a shortage of work in his department or that the election had gone on him. The job posting for the new position was included in a number of expected qualifications, including the fact that the applicant was working on construction sites. Such experience had the terminated employee not.
It is primarily to terminate employees because of a lack of work whose labor shortage is real. Advertised at the same time as the termination of a new position within a relevant work may challenge the objectivity unless the employer can actually justify the appointed employee is not qualified to perform the job.
In the case of terminations due to a lack of work, it is part of the objectivity that assesses whether the termination date is a real relocation opportunity for another vacancy in the company. Conversion setting is only effective if the employee has the qualifications that the company is looking for for vacancies.
As the employee had only limited experience working on a construction site, he lacked a significant qualification compared to what the company sought and found necessary. The judge found that this background was not proven to be arbitrary, the company had assessed that the employee could not be considered vacant and therefore resigned without offering this position. The conclusion was not arbitrary or based on objective considerations, and the company was released.
Danish Business believes:
The decision shows that the case of termination due to lack of work can affect the termination objectivity, there are real escape opportunities within the company. If at the time of termination announced a new position, as the appointed employee has the relevant qualifications to make. (employee another vacancy)