Contracting entity not liable for expenses occurred in connection with the dismissal of two employees
By Lise Høy Falsner 30 March 2016
By judgment of 23 March 2016, the Danish Eastern High Court found that a contracting entity could not be regarded as transferee in the sense of the Danish Act on Transfer of Undertakings. Therefore, the contracting entity was not obligated to take over two employees who had been dismissed as a result of the tender. Furthermore, the High Court found that according to the tender documents there was no basis for an expanded obligation to take over employees to a larger extent than stipulated by the Danish Act on Transfer of Undertakings and that the contracting entity could not be held liable towards the previous supplier. As a result of the dismissal of this claim, there was no basis for ruling in favour of a claim that the contract with the new supplier should be declared of no effect. Therefore, the Court found for the contracting entity, who was represented by Plesner.
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