Vinge Dude Diligence – for improved gender equality

Injuries while working from home were not considered occupational injuries SAC case No. 441-22 and 3375-22

Two workers sought medical treatment after suffering dental injuries while working from home. They then applied for compensation for their treatment costs under the occupational injury insurance scheme. Although the work from home had been done at the request of their respective employers, the Swedish Supreme Administrative Court (Sw. Högsta förvaltningsdomstolen) (the "SAC") held that the injuries could not be classified as occupational injuries, as they were related to private life. They were therefore not covered by the occupational injury insurance and the claims for compensation were rejected.

The employee side has claimed that a notice of termination document is falsified. The Labour Court has ruled on, among other things, the burden of proof – AD 2023 No. 18

The Swedish Construction Workers’ Union (Sw. Svenska Byggnadsarbetareförbundet) brought an action before the Swedish Labour Court (Sw. Arbetsdomstolen), claiming damages on behalf of its member, alleging that the employer had fabricated a false notice of termination document. The Labour Court found that the employer had made it at least predominantly likely (Sw. övervägande sannolikt) that the notice of termination document was genuine and had proved (Sw. styrkt) that the employee had handed it over to the employer. The action brought by the Construction Workers’ Union was thus dismissed.

Part-time firefighters have priority right to a higher employment rate AD 2022 No 29

Four firefighters on standby employed according to the so-called RiB agreement, notified their employer - a civil protection union - that they wanted a higher employment rate according to section 25a of the Employment Protection Act. The employer subsequently employed 16 full-time firefighters without offering the firefighters on standby a higher employment rate. The parties agreed that the four firefighters had sufficient qualifications for the full-time vacancies. The Labour Court found that the four firefighters on standby were part-time employees within the meaning of section 25a of the Employment Protection Act and that the employer breached the provision by not offering them any of the vacant full-time jobs.

The Labour Court: Unlawful blockade warning against Russian-linked ships made by Swedish Dockworkers Union AD 2022 No 33

On two occasions, the Swedish Dockworkers Union has warned of a blockade against ships to and from Russia and against Russian-flagged, Russian-owned and Russian-controlled ships that are currently not sailing in Russian ports. The Swedish Dockworkers Union argued that the blockade should be regarded as a lawful industrial action as it was primarily an act of sympathy and in solidarity with, among others, Ukrainian dockworkers. Secondly, the blockade should be considered as a form of legitimate political industrial action. However, the Ports of Sweden disagreed, which the union is bound by a collective bargaining agreement with. Following an application for an interim decision on the matter, the Labour Court found that the Swedish Dockworkers Union had failed to show that it was likely that there was a primary trade union conflict in Ukraine. The blockade could not be regarded as a lawful sympathy act. Furthermore, the Labour Court found that the blockade could not be considered as a form of lawful political industrial action as the blockade lacked the character of a protest and demonstration action due to the period of time the blockade would last and the not insignificant impact it would have on the business management rights for the Ports of Sweden’s member companies.