Reassignment assessment was not required for a slap in the face

A nurse with 20 years of experience performed clinical and administrative tasks in a care home. During a confrontation, he slapped a resident in the face, leading to his summary dismissal. We have previously written about this case when the Court of Appeal considered it unlawful here.

The Supreme Court found that the summary dismissal was lawful. In this case, the misconduct undermined trust in the employment relationship to the extent that reassignment was no longer realistic, making summary dismissal lawful. The Court of Appeal, on the other hand, argued for reassignment to an entirely administrative role, based on the nurse’s long service, clean record, and partly administrative role.

IUNO’s opinion

This ruling provides important clarification on the limits of the reassignment obligation. Companies are generally required to assess the possibilities of reassigning the employee to other suitable positions as part of the termination process. This obligation is not absolute; it is a case-by-case assessment, and when misconduct is so severe that trust is broken, continued employment is no longer realistic. In such cases, summary dismissal may be the only solution.

IUNO recommends that companies still take reassignment seriously in all termination cases. Carrying out a reassignment assessment should remain the general approach. A clear framework for handling these assessments helps ensure consistency and shows that alternatives were explored before the final decision.

[The Norwegian Supreme Court’s decision of 5 September 2025 in case HR-2025-1687-A]