NAV punished bus driver twice for the same accident

The bus driver was involved in a serious traffic accident while driving a bus on a scheduled route. The police did not temporarily seize his driver's license during the investigation. Nevertheless, the employer believed that he had acted negligently and dismissed him.

Without a job, he applied for unemployment benefits. NAV granted the application, but with a sanction. He was given an 18-week waiting period without payment because NAV believed he was to blame for losing his job.

For the bus driver, it meant months without income.

“This is in itself a demanding situation to be in. The member has lost his job and his finances are in shambles, while at the same time he had a bad case hanging over him for a long time without clarification,” says YTF's lawyer Nora Arnkværn. She assisted the member in the complaint to NAV.

Got back to work and was punished for it

The criminal case dragged on. More than a year after the accident, the member had not received any clarification in his case. The bus driver still had a valid driver's license, and decided to make the best of the situation. He actively looked for new jobs and eventually got a job with a new bus company. He stopped receiving unemployment benefits and went back to work.

Finally, the verdict came. The bus driver was convicted of negligence and lost his driver's license. Without a driver's license, it was impossible to continue as a bus driver. The new employer had no other work to offer, and so he was unemployed again.

New job, new waiting time

When the bus driver applied to resume his unemployment benefits, he got a big surprise. NAV granted him unemployment benefits, but he was given another waiting period of 18 weeks.

The justification was that he had now lost his job with a new employer due to his own circumstances, and that losing his driver's license was something he himself had to take responsibility for.

– In practice, this means that he was punished for having returned to work. If he had remained on unemployment benefits and not found a new job, he would actually have escaped the new sanction, says Arnkværn.

Cannot be punished twice

YTF took the case on behalf of the member and appealed the decision to NAV. The main point was simple: You cannot impose two criminal sanctions for the same traffic accident.

– This was not about new mistakes or repetitions. Everything stemmed from one and the same incident the year before. NAV's interpretation would in practice have functioned as a punishment for being an active job seeker, explains Arnkværn.

YTF also argued that the matter went back a long time, and that the bus driver could not be blamed for the police's lengthy case processing.

Fully agree with YTF

NAV reassessed the case, and the result was a complete victory for YTF -member.

The decision to forfeit 18 weeks of unemployment benefits was annulled. NAV determined that the bus driver had already served one sanction for the accident, and that there was no basis for punishing him again. He was paid back the money he had missed.

– For the individual, such decisions can have enormous consequences. For YTF "It's about legal certainty in practice," says Arnkværn.

Therefore, YTF membership is crucial

The case is a clear example of how complicated NAV rules can turn out to be unreasonable, and how thorough legal work can be crucial.

For this bus driver, it meant YTF The help makes the difference between months without income and financial security.

This is what you do if you need help from YTF

• Contact us YTF as early as possible
• Document everything in writing, as far as possible.
• Send us the decision and relevant documentation, and we will consider the case.
• YTF Follow the case all the way, so you are not alone