Employer bears burden of lack of clarity regarding dismissal
In a judgment in case AD 2021 no. 14, the Swedish Labour Court has clarified that, if an employer has had a justifiable reason to believe that an employee considers himself or herself to be terminated or summarily dismissed notwithstanding that the employer does not believe such to be the case, the employer must make it clear that the employment relationship persists. Passivity in such a situation will cause the employee to be regarded as being terminated or summarily dismissed, which may constitute a violation of the Swedish Employment Protection Act.