Sweden: Failure to properly investigate relocation options resulted in a dismissal being deemed unlawful
An employer had a bakery that provided the employer’s spa, hotel, restaurant and conference services with freshly baked goods. A baker became redundant following a decision from the employer to close the bakery and replace the freshly baked goods with par-baked goods. Upon the employer’s query if the baker would consider relocating to another position within the business, the baker stated that he was only interested to work as a baker. After the dismissal, the baker claimed that it was unlawful since the employer had not investigated possible relocation options. The Court found that there were no grounds to question the decision to reorganise the business or the fact that the reorganisation would give cause to redundancy in the bakery. However, the Court found that the employer had not properly fulfilled the obligation to investigate a possible relocation of the baker. Further, the query of the employer had not constituted an acceptable offer to relocate the employee. In addition, the employee had not been informed that he would be terminated due to redundancy if he said that he was not interested in another position within the employer’s business. The Court declared that the dismissal was invalid and ordered the employer to pay the baker SEK 80,000 in damages.