106 |
The nature kindergarten in Holeby.
18/04183
Suspicion of systematic violation of the
collective agreement was the reason why a doctor
complained to the Ombudsman. The doctor was of
the opinion that the hospital he had worked at had
used foreign labour for unlawful overtime and paid
wages that were not in accordance with the collective agreement. The doctor had already attempted
to involve the union but had been turned down.
A collective agreement between the Region running
the hospital on one side and the union on the other
is an agreement between management and labour.
Only the Region is within the Ombudsman’s jurisdiction. Therefore, the Ombudsman could solely
address one of the parties of the collective agreement, and for that reason he declined to consider
the case.
Generally, the Ombudsman holds back on con
sidering complaints about matters which are
based on agreements made between the public
and the private sectors – for example agree
ments made between management and labour.
18/02589
A prisoner complained that staff had used
force against him by using handcuffs. The prisoner
was well aware that he could complain to the Department of Prisons and Probation but he still wrote
directly to the Ombudsman. This was because the
Department returned all his letters unopened to the
prison, according to the prisoner.
One of the staff members at the Ombudsman institution telephoned the Department of Prisons and
Probation and asked if this was true. The Department replied that this was not correct. Therefore,
the Ombudsman sent the prisoner’s complaint on
to the Department of Prisons and Probation in order
for the Department to consider the complaint.
In general, the Ombudsman’s case processing
is in writing. But the staff members at the Om
budsman institution can also choose to clarify
matters over the telephone if this makes things
easier in the present situation.
18/00724
‘The fact is that I personally believe that
Sweden is going to have a problem when it comes to
the way the interpretation of the law is being twisted
and turned.’ This is how a woman started off her
e-mail in Swedish to the Ombudsman. The e-mail
was about authorities’ use of forcible means and
coercion. However, since the enquiry did not concern Danish authorities but conditions in Sweden,
the Ombudsman declined to consider the matter.
The Ombudsman can only consider complaints
about Danish authorities.
17/03494
A general housing association on Amager
(a part of the City of Copenhagen) wanted to build
58 new residences in an existing housing branch in
stead of establishing a branch with its own finances.
This was approved by the municipality. A tenants’
association wrote to the Ministry of Transport,
Building and Housing and pointed out that the municipality’s approval was in contravention of the Act
on Social Housing.
The Transport, Construction and Housing Authority
replied on the Ministry’s behalf and declined to
consider the case. The tenants’ association subsequently complained to the Ombudsman.
The Ombudsman was of the opinion that the Transport, Construction and Housing Authority should
look at the case again. Hence, he sent the case
back to the Authority.
The Transport, Construction and Housing Authority
reassessed the case and determined that a decision had been made in contravention of the Act on
Social Housing. The Authority wished to point this
out to the municipality.
When the Ombudsman receives a complaint,
he sometimes initiates a more detailed case
investigation. In other instances, the Ombuds
man merely asks the authority to look at the
case once again and for example give the citi
zen more detailed grounds for the decision.
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