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Consequently, the Ombudsman chose not to investigate the matter any further, with reference to the fact that the Chairman’s remarks, as quoted in the
newspaper, did not contain any mention of the legal limits of the employees’
freedom of expression. In the Ombudsman’s opinion, according to the wording
the remarks must more naturally be considered solely as a – legal – call for the
employees to raise the matter internally rather than in the press.
2012-27. Recalculation of cash benefit into sickness benefit. Calculation errors and oversights led to back tax
demand. Local authority’s failure to provide a statement
of the recalculation made it very difficult for the citizen
to check the correctness of the recalculation and to
safeguard her interests
A woman who was absent from work due to sickness appealed her local authority’s refusal to extend her sickness benefit period to the Employment Appeals
Board. The Board overturned the local authority’s refusal and referred the case
back to the local authority for renewed processing and decision. As a result of
the Board’s decision, about 10 months of cash benefit was to be recalculated
into sickness benefit and the balance to be paid to the woman. But simple
calculation errors and oversights on the part of the local authority in connection
with the recalculation resulted in the woman receiving a comparatively large
back tax demand almost a year after the decision by the Employment Appeals
Board.
The Ombudsman criticised the local authority’s processing of the case on
several points. Among other things, he considered the errors made by the local
authority when recalculating the woman’s cash benefit into sickness benefit to
be very regrettable. Furthermore, the Ombudsman found it very regrettable
that the local authority had not sent the woman a statement showing how her
cash benefit had been recalculated into sickness benefit. The statement should
have been accompanied by guidance on appeal, as the recalculation should be
considered a decision.
The case caused the local authority to review its procedures and draw up a
standard formula for future recalculations and a letter template for cases where
a citizen needs to have cash benefit recalculated into sickness benefit.
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