Resignation was Rendered Void due to Lack of Resignation Meeting

If the employer acts negligently based on assumptions, this must as a general rule affect the employer.

A resignation was rendered void in court due to lack of a discussion meeting to discuss the resignation. The employee lacked a sufficiently clear notification that the conditions had to be improved. He should have been given the opportunity to improve before the dismissal was communicated.

Dismissed without Warning

In a case a resignation was found to be invalid because the employee had not been asked to attend a meeting to discuss a potential dismissal before he was dismissed. He was fired without warning in a normal Thursday meeting in the company. The employer had written the letter of resignation before the meeting. The court stated that such a meeting could not be considered to be a discussion meeting as the employee in practice was not able to prepare for the resignation. Such an approach was in the court’s view contrary to the requirement of justifiable proceedings as it in no circumstances satisfied the need of a discussion according to the Norwegian employment law.

The Resignation Must be Made on Reasonable Terms

The invalidity was not only reasoned by the lack of a meeting to discuss the dismissal. But this was one of the factors which were part of the consideration of whether the dismissal was made on reasonable terms. Even though the law does not provide regulations about a warning being made before a resignation, the employer should have supervised the employee better and instructed him more regarding the execution of his work. The employer should have given the employee clearer messages about the work conditions having to improve. And given him a real opportunity to improve before the resignation was made.

Even though the employee was to blame for deficient execution of the work, this was not of a character where the conditions for a dismissal were satisfied.

Meeting to Discuss the Dismissal

Every resignation must be made on reasonable terms. Before the employer can decide whether a dismissal should be made, the employee must be given an actual opportunity to discuss the case with the employer. A discussion meeting in advance of a resignation will ensure the decision being made after thorough consideration and ensures tidiness. If the dismissal meeting is avoided, this does not in itself render the dismissal void. It is however seen as highly subject to criticism. And this may result in the dismissal being void if the absence has had an impact for the employee’s decision of the dismissal. In court the absence of a discussion can be a substantial argument for the resignation not being based on reasonable terms.

Opportunity to Improve

The law does not make any formal requirements to the discussion meeting or the notice of it. But the employee must have had the opportunity to have an actual discussion. Justifiable proceedings presupposes that the employee in practice is given a reasonable deadline to prepare for the resignation meeting. A following discussion can to some extent determine mistakes which have been made if the discussion meeting has not been held in advance.

Have you been dismissed without a notice of a discussion meeting?

Contact Osloadvokatene by barrister Kjersti Bolstad
Telephone 905 93 204, email kjersti.bolstad@advokat.no

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Kontakt Osloadvokatene ved Advokat Kjersti Bolstad.