Dismissal not in contravention of the Act on Prohibition against Discrimination

Case no. 300/2016
Judgment delivered on 22 November 2017

HK/Danmark acting for A
vs.
The Danish Employers’ Association for the Financial Sector acting for B A/S

The issue in the case was whether A had suffered discrimination on the grounds of disability when B dismissed her.

The Supreme Court held that it is irrelevant whether a worker is disabled within the meaning of the Act on Prohibition against Discrimination on the Labour Market, if it has to be considered on the evidence that the dismissal was exclusively motivated by circumstances which had nothing to do with the disability and the resulting sick leave or other limitations for the worker.

The Supreme Court ruled on the evidence that the dismissal of A was not due to her illness or sick leave, and that she had therefore not been discriminated against on the grounds of disability. Consequently, she was not entitled to compensation under the Act on Prohibition against Discrimination.

The High Court had reached the same conclusion.