DKK 6 000 for inadequate statement of employment particulars

A statement of employment particulars was inadequate in a number of respects, but only one was material – that cost the employer a total of DKK 6 000.

In 2007, the compensation levels under the Danish Statement of Employment Particulars Act were amended. But after the amendment and also after the compensation amounts awarded by Danish courts in recent cases, doubts have arisen about compensation levels in claims concerning inadequate statements of particulars. In this case, the compensation amount awarded by the Eastern High Court was at the lower end of the scale.

A shop assistant was hired to work at a newsagent's. The statement of particulars turned out to be inadequate in a number of respects: the average working hours were incorrectly specified, the employer’s identity was incorrectly specified and, also, a requirement to submit a medical certificate was incorrectly worded.

The lower court had established that the statement of particulars was inadequate, holding that the incorrect working hours was a material deficiency, while the other problems were of a minor nature because they had not given rise to any controversy. The 2007 amendment of the Danish Statement of Employment Particulars Act was intended to adjust compensation levels downwards. Accordingly, the shop assistant was awarded a compensation of DKK 6 000, equivalent to 2 weeks’ pay.

The Eastern High Court upheld the lower court’s assessment in full.

• that the Eastern High Court’s judgment is in line with the compensation level set by the Western High Court in its 2008 judgment for cases involving only one material inadequacy, but

• it will still take a decision from the Danish Supreme Court before compensation levels under the Danish Statement of Employment Particulars Act can be firmly established, given the latest judgment of the Western High Court on that issue.