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annual report 2012
sion, but we did not agree. We did not regard it as a threat against the nurses,
but as the expression of a legal management view of the best way of handling
workplace issues. Furthermore, the Chairman of the Regional Council had
subsequently emphasised that public employees have an entrenched right to
freedom of expression.
The outcome was the opposite in a case (Case No. 2012-26) from the Royal
Arsenal Museum, where an employee was summoned to a talk with her manager
about her ‘loyalty’ in connection with a letter published in the newspaper Politiken. In her letter, the employee had criticised Danish museums for being more
focused on visitor experiences than on research. In our opinion, the manager
had created an unlawful uncertainty about the employee’s right to express critical opinions. The museum agreed, after the manager responsible had resigned.
It is a fundamental principle that the administration must make itself understood by
the individual citizen, but it does not always succeed.
In Case No. 2012-27, a local authority had refused to extend a woman’s sickness benefit and transferred her to cash benefit. This was overturned by the
Employment Appeals Board and the local authority therefore had to recalculate
the cash benefit paid into sickness benefit. In this connection, the local authority made a number of errors, which among other things resulted in the woman
later being ordered to pay a significant amount of outstanding tax and also
finding it virtually impossible to understand the local authority’s calculations.
We stated more generally that citizens must be able to see and understand what
has happened in their case, and the local authority took various initiatives to
prevent a recurrence of similar incidents.
Some cases are characterised by authority decisions which in a way appear
reasonable and understandable, but nonetheless lack the necessary legal basis. This
applied, for instance, to Case No. 2012-9, where the Ministry of Children and
Education had approved the exclusion by a technical college of a student from
lessons because his qualifications were so poor that he was assumed to be unable
to complete the training. Among other things, the Ministry referred to a legal
principle that ‘no one is obliged to achieve the impossible’, but we believed that
the students’ right to take part in lessons was so carefully regulated that the college could not expel the student with reference to a legal principle which is not
found in legislation.
A case which made an impression in a special way (Case No. 2012-10) concerned hospitals’ treatment of babies born alive, but inevitably dying, who are the
result of late abortions. This was a case which we initiated on our own initiative
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