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CASE NO. 15/03253
CASE NO. 15/03395
In two cases, employees in a region had been dismissed
without being consulted because the region had not
been aware of the fact that the official digital mailbox
(e-Boks) could not receive documents exceeding 10 MB.
The region had sent consultation letters to the employees but due to a number of massive attachments,
the consultation letters had failed to arrive.
The Ombudsman received an enquiry from an employee
at an Indian newspaper who wanted help to collect a
debt from a citizen in Denmark. The Dane had placed
a marriage advertisement in the newspaper, but the
newspaper had never received payment for the advertisement.
The employees’ union wrote to the Ombudsman that
the dismissal cases ought to be retried because the
employees had not been consulted. The union had also
brought the cases before a board of dismissal.
The Ombudsman rejected the case, partly because
the cases were pending in the labour law system,
partly because the Ombudsman does not usually
engage in cases which can be processed within the
labour law system.
In his case assessment, the Ombudsman includes,
among other things, the practice which has been
established through the Ombudsman institution’s
60 years of service.
CASE NO. 15/04138
During a monitoring visit at an accommodation facility
for the mentally handicapped the Ombudsman’s staff
were surprised to find out that the municipality had
given an open-ended permission for an alarm and a
door-opener at a resident’s home. Legally, the alarm
and the door-opener – which were meant to prevent
the resident from leaving the facility and exposing
herself or others to danger – were measures normally
allowed only for a limited period of time.
Therefore, when the case on the monitoring visit was
concluded, the Ombudsman opened a case concerning
the authority for the open-ended permission and asked
the citizen’s municipality for a statement. The municipality replied that it had now realised that there was
no authority to give an open-ended permission for the
alarm and door-opener. The municipality would discuss
this with the accommodation facility and possibly make
a new decision on the use of the alarm and door-opener.
The Ombudsman concluded the case with criticism
that, for a period of time, there had been no authority
for the measure.
Sometimes, monitoring visits throw light on conditions
for individual citizens which the Ombudsman chooses
to look into in a separate case.
The Ombudsman could not help, as he could neither
process a complaint about the private individual who
had placed the advertisement nor the bank which the
citizen had allegedly used to transfer money to the
newspaper.
As a key rule, the Ombudsman cannot investigate complaints about private individuals or businesses. In some
cases, he may monitor private institutions.
CASE NO. 15/03450
It made headlines when the new centre-right government decided to shut down the Iraq and Afghanistan
Commission. The Commission was appointed by the
former, Social Democrat-led government, and its task
was to investigate certain questions on Denmark’s involvement in the wars in Iraq and Afghanistan.
A citizen complained to the Ombudsman about the
shutdown of the Commission. However, the Ombudsman found the matter to be of such a political nature
that he ought not to handle the complaint in order to
protect the Ombudsman institution’s political neutrality.
The Ombudsman often processes cases which encompass both legal and political aspects. He always assesses solely the legal ones. Very rarely, a case may
be of such a political nature in overall terms that he
abstains from assessing even the legal aspects.
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