Didn't like the Christmas present - lost the job

When the member suddenly found himself unemployed, he asked the company why he could no longer renew his contract. The reason was that he had talked to his colleagues about salary, and that he was not happy with the water bottle with the company logo he had received as a Christmas present from the company.

With the help of associate attorney Jeannette Kvamme, the member filed a lawsuit against the warehouse where he had worked for almost two years. Kvamme argued that the member had been illegally hired and that he was therefore entitled to compensation.

– The legislation relating to temporary employment is clear that if you perform the same tasks as permanent employees, then it is not work of a temporary nature. This is what our member did, and therefore we believed that he had been illegally hired, says Kvamme.

– In addition, we believed that the member could not be considered a temporary worker. He covered a fixed and stable need related to sick leave and fluctuations in workload. This company covered around 24% of its labor needs with hired labor. We clearly believe that such a large and fixed labor need cannot be covered with temporary workers and that he should therefore have been a permanent employee, she explains.

Illegally hired

Three weeks after the trial, a verdict was handed down. The court found in favor of the member in his claim that he had been illegally hired. The court found that the company had not proven who the member was substituting for during the entire period. Furthermore, the court found that the company's basic staffing was too low, which meant that the use of hired labor was far too high. The company had based its staffing planning on forecasts and planned sick leave instead of actual figures for sick leave.

– Here, the court is clear that the company has engaged in illegal hiring, and we are pleased that our member was successful in this matter, says Kvamme.

The court also held that the member had performed completely ordinary work tasks at the warehouse, which means that he did not meet a need beyond normal operations. The company was not successful in claiming that they had an unpredictable everyday life with a varying order intake, which could justify the use of hired labor to perform the ordinary work tasks at the company.

– This ruling is important because it shows that the legislation related to temporary employment works in practice, and that companies do not have the opportunity to use temporary employment freely as they wish. As a temporary employee, you have far fewer rights than a permanent employee, and that is precisely why it is important to take up the fight when you suspect that you have been hired without legal grounds, Kvamme points out.