Redeployment assessment was required despite a slap in the face

A nurse performed clinical and administrative tasks in a care home in Norway, where he had worked for 20 years. One day, during a confrontation, he slapped a resident in the face to avoid being spat on. In response, he was terminated. Due to his actions, no alternatives to termination were considered.

The Norwegian Court of Appeal concluded that the employee’s actions were not serious enough to remove the redeployment obligation.

For that reason, it was unjustified to terminate him without considering whether he could remain in an alternative position. Because almost half of his work was already administrative, without contact with residents, it would have been reasonable to redeploy him in a fully administrative role. The Court of Appeal emphasized that during his many years of employment, there had never been any prior issues.

The case is now with the Norwegian Supreme Court, which will consider whether the redeployment obligation existed despite the employee’s actions.

IUNO’s opinion

Companies are subject to a general redeployment obligation as part of the termination process. However, exceptions may apply, including when trust issues make it impossible to reasonably require redeployment. The Supreme Court must now consider whether there is an obligation to assess the extent of the redeployment obligation.

IUNO generally recommends that companies have clear procedures in place to satisfy the redeployment obligation. The right documentation reduces the risk of claims and demonstrates how all reasonable options were considered before making a final decision.

We are following the case closely and will follow up when there are any updates.  

[Hålogaland Court of Appeal’s judgement of 4 December 2024 in case LH-2024-87408]