Negative freedom of association

Case no. 69/2014
Judgment delivered on 4 June 2015

Fagforeningen Danmark acting for A and B
vs.
The Confederation of Danish Industry acting for DS Smith Packaging Denmark A/S

A and B were not members of a union that was party to a collective agreement. Consequently, they only received sick pay corresponding to the sickness benefit rate during sickness absence, while employees who were members of a union that was party to a collective agreement received sick pay corresponding to the sickness benefit rate plus supplementary sick allowance.

The Supreme Court held that such discrimination on the grounds of union membership was not in contravention of the Danish Act on Protection Against Dismissal related to Trade Union Membership or Article 11 of the European Human Rights Convention.

The High Court had reached the same conclusion.