Summaries of selected statements | 65
However, as the teacher’s comment on Facebook was
highly critical of the school management and general
in form, the Ombudsman was understanding of the
fact that the municipality had found that it could not
fail to act on the comment. The Ombudsman emphasised that the municipality would have been entitled
to refute the comment in a different way as long as it
did not criticise the fact that the teacher had used his
freedom of expression.
2019-31. Municipality had no basis for cancelling
employment agreement
A municipality appointed a student of social education as a paid trainee for a period of six months. Until
further notice, her place of employment was to be a
school, and she was later moved to a residential facility. The trainee only partly completed her traineeship
– among other reasons because of sickness absence
– and her place of study therefore did not consider her
to have fulfilled her training requirement. The municipality subsequently appointed the woman in a new
six-month traineeship. Until further notice, her place
of employment was to be one of the municipality’s
other residential facilities.
However, before the woman started her new traineeship, the municipality decided to cancel the employment agreement. The municipality was of the opinion
that she had accepted not to go through with the
traineeship.
Based on the available information, the Ombudsman
was of the opinion that the woman had not accepted
the cancellation of the agreement. The municipality’s
cancellation was thus to be regarded as unilateral.
On that basis, the Ombudsman stated that the cancellation could not be presumed to be in accordance with
the views on false pretences taken in case law and
Ombudsman practice. In particular, he referred to the
fact that when the municipality appointed the woman,
it had been aware of the relevant information about,
among other things, her sickness absence during her
then traineeship. He added that the woman did not appear to have failed to disclose essential information to
the municipality in connection with her appointment.
The municipality had so far had no cause to consider whether it could have terminated the woman’s
employment with notice instead of cancelling the employment agreement, and the Ombudsman therefore
had no basis for commenting on this question.
The Ombudsman recommended that the municipality
reopen the case and in this connection consider the
consequences of the fact that the municipality had no
basis for cancelling the employment agreement.
Other authorities etc. within the
Ombudsman’s jurisdiction
No statements on cases concluded in 2019 have
been published.
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