Saklig grund för uppsägning i samband med samarbetssvårigheter
Saklig grundSjukdomBevisbördaOmplaceringsskyldighetSamarbetssvårigheterJuridical scienceRättsvetenskapJuridikLaw and Political Science
Abstract Co-operation difficulties in the work place can be a problem serious enough. Co-operation difficulties can occur between employee and employer, as well as employees among themselves. Irrespective of between which individuals the co-operation difficulties occur, it will have negative consequences. These can consist of, for example that individuals might suffer mentally, inproductivity and also an unwished economic disadvantage for the employer. From the employers? side it is pointed out that it is important with employees who are possible to co-operate with in a satisfactory way. If a recruitment of an employee should prove to be unfortunate, and the employer wants to give notice of dismissal to the employee, this can be both expensive and time-consuming. It is also pointed out from the employers? side that the conception of notice of dismissal based on objective grounds, involves a far too heavy responsibility for the employer. It is foremost the burden of proof and the obligation of transfer, which are seen as especially heavy. Dismissal based on objective grounds is a conception which where created in connection to the Employment Protection Act. The purpose with this was to restrict the employer?s free right to dismiss employees, which at the time of the creation of the Employment Protection Act, was seen as out-of- date. Serious cases of co-operation difficulties in the work place can in certain circumstances form a reason for dismissal based on objective grounds. Decisive in that case is how serious, and also what kind of co-operation difficulties it is about. In cases where for example illness is involved, it is not sure that this will form an objective ground for dismissal. The purpose with this essay is a try to make clear somewhat regarding objective grounds for dismissal in connection with co-operation difficulties at the workplace. Key-words: Co-operation difficulties, Illness, Objective ground, Obligation of transfer, Proof of burden.