Supreme Court Clarifies: No Obligation to Consider Reassignment in Cases of Summary Dismissal

A recent Supreme Court judgment (HR-2025-1687-A) has clarified whether employers are required to consider reassigning employees in cases of summary dismissal. Employers have no such obligation!

Case Background

A nurse was summarily dismissed by the municipality after slapping a mentally disabled service user in the face with an open hand. The Court of Appeal found the summary dismissal invalid, on the grounds that the municipality had not considered reassigning the nurse to another position. The municipality appealed to the Supreme Court, arguing that there is no legal obligation to consider reassignment in cases of summary dismissal and that the Court of Appeal had erred in its interpretation of the law.

Legal Framework

Pursuant to Section 15-7 of the Working Environment Act, when a termination is based on circumstances relating to the undertaking or the employer, the employer is required to consider whether the employee can be transferred to another position instead of being dismissed.

There is no corresponding statutory provision for dismissals or summary dismissals based on the employee’s own conduct. However, in a previous decision (HR-2024-1188-A), the Supreme Court clarified that employers have a “limited and situational obligation” to offer reassignment in cases of dismissal based on circumstances relating to the employee. This obligation is derived from the requirement of objective justification in Section 15-7 of the Working Environment Act and the obligation to balance the interests of both employer and employee.

The Supreme Court now had to consider whether a similar obligation also applies in cases of summary dismissal.

Supreme Court’s Conclusion and Reasoning

The Supreme Court held that employers are not obligated to consider reassigning employees in cases of summary dismissal.

The Court reasoned that, in cases of summary dismissal, the employee’s breach of duty is typically so serious that the employer can no longer maintain trust in the employee. This justifies the immediate termination of employment. The Supreme Court also referred to its statements in HR-2024-1188-A, noting that when termination is due to the employee’s serious breaches of duty or conduct that undermine the employer’s trust, there is no obligation to consider reassignment. The same principle applies in cases of summary dismissal.

Summary of the Legal Position: When is the Employer Required to Consider Reassignment?

• In cases of dismissal due to circumstances relating to the undertaking or the employer, the employer has an obligation to consider reassignment.
• In cases of dismissal due to circumstances relating to the employee, the employer has a limited and situational obligation to offer reassignment.
• In cases of summary dismissal, the employer has no obligation to offer reassignment.

For more information on the obligation to consider reassignment upon termination, see here.