Summary Dismissal of Sales Manager who had deleted important Files was justified
14 July 2016
In a judgment of 24 June 2016, the Danish Western High Court found that a summary dismissal of a sales manager was justified, as the sales manager had intentionally deleted important files from the company's IT system.
The case involved an employee who was engaged as a sales manager in a camping company. The employee felt pressure at work and requested a weekly day off. The employer agreed to this, but the parties could not agree on the terms and conditions therefor. Subsequently, the employee reported ill due to stress shortly before the company's high season.
In connection with the employee's absence due to illness, the company discovered that the employee in an act of passion had deleted important files from the company's IT system. The files could not be recovered. Due to the deletion of files, the employer decided to summarily dismiss the employee.
The central issue in the case was whether it could be proved that the employee had deleted the important files intentionally. The High Court found this to be the case, based on an overall assessment of the witness and expert statements. Consequently, the summary dismissal was found to be justified.
The employee further claimed to be entitled to compensation for lacking employment contract, in that the possibility of employee purchases of products in the company was not mentioned in the employee's employment contract.
The High Court upheld the city court's decision that access to employee purchases of company products is not a material employment condition which has to be included in the employment contract. As such, the employee was not entitled to any compensation for the alleged lacking employment contract.
The judgment shows that an employee can obviously be summarily dismissed if he intentionally deletes files which are important to the operation of the company. Moreover, the judgment shows that access to employee purchases of company products is not a material employment condition which has to be included in the employment contract.
In connection with the employee's absence due to illness, the company discovered that the employee in an act of passion had deleted important files from the company's IT system. The files could not be recovered. Due to the deletion of files, the employer decided to summarily dismiss the employee.
The central issue in the case was whether it could be proved that the employee had deleted the important files intentionally. The High Court found this to be the case, based on an overall assessment of the witness and expert statements. Consequently, the summary dismissal was found to be justified.
The employee further claimed to be entitled to compensation for lacking employment contract, in that the possibility of employee purchases of products in the company was not mentioned in the employee's employment contract.
The High Court upheld the city court's decision that access to employee purchases of company products is not a material employment condition which has to be included in the employment contract. As such, the employee was not entitled to any compensation for the alleged lacking employment contract.
The judgment shows that an employee can obviously be summarily dismissed if he intentionally deletes files which are important to the operation of the company. Moreover, the judgment shows that access to employee purchases of company products is not a material employment condition which has to be included in the employment contract.
