Norway: A court may not decide that an employee only receive salary without having the possibility to work during legal proceedings

In case of dispute on a dismissal’s lawfulness, the main rule is that the employee has the right to remain in position until a final and enforceable judgement is in place. If so, demanded by the employer, the court may nevertheless decide that the employee shall leave his post while the case is in progress. This may be the case if the court finds it “unreasonable” that the employment shall continue pending an enforceable judgement. Whether a court may also decide that the employee shall receive salary, but at the same time deprive him or her from the right to work has, until now, been an open question. In the end of October, the Supreme Court ruled that a court does not have a legal basis for deciding that the employee shall receive salary, and at the same time deprive the employee of the right to carry out his or her ordinary work. The Supreme Court emphasized that the purpose of the right to remain in position is that the employee shall be able to return to his or her work in an appropriate manner in case that the court sustain the employee’s claim of an unlawful dismissal.