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A man who was absent from work due to sickness contacted the local authority to ask about the
possibility of being granted disability pension. He anticipated being dismissed soon as he had been
absent from work for a long time, and he did not expect to work again. The following year he returned
to the local authority. As expected, he had been dismissed and he now applied for sickness benefit
for a period after his dismissal. His application was rejected by both the local authority and the Employment Appeals Board. He was not entitled to benefit in arrears but should have applied at the time
of his dismissal. However, in the Ombudsman’s opinion, the local authority had an obligation to give
the man guidance on the sickness benefit rules when it was first approached, even though he was
asking about something else. On the Ombudsman’s recommendation, the Employment Appeals Board
reopened the case.
The Ombudsman can recommend that an authority reopen a case and make a new decision, but
he cannot order the authority to reach a different conclusion.
A dentist was unhappy that he was not allowed to take early
retirement until his dentist’s equipment had been picked up by a
buyer. This was the decision of the Employment Committee of the
National Social Appeals Board. By contrast, the dentist b
elieved
that his business activities had ceased when he cancelled his
so-called provider number.
The Ombudsman returned the case to the Employment Committee, asking it to explain to the dentist why the time at which
he cancelled his provider number was not decisive.
The Ombudsman can ask an authority to give a citizen more
detailed grounds for a decision, for instance if a complaint
lodged with him suggests that misunderstandings exist
between complainant and authority.
While the Ombudsman
was processing a family
reunification case, the
European Court of Justice
pronounced a judgment. In
the Ombudsman’s opinion,
the immigration authorities
should assess whether
this judgment was relevant
to the person’s right of
residence in Denmark. He
therefore returned the case
to the Ministry of Refugees,
Immigration and Integration
with a request that it consider this issue.
The Ombudsman keeps up
to date with judgments
from the European Court of
Justice etc. because Danish
authorities are bound by
them.
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