- Date:
- 17 May 2013
- By:
- Søren Skjerbek
A priest was dismissed for fundamental disagreements between the priest and the parish. However, the disagreements had only been fundamental for 1½ years and the priest was therefore awarded about EUR 13,500 in discretionary compensation
A priest was dismissed for fundamental disagreements between the priest and the parish. However, the disagreements had only been fundamental for 1½ years and the priest was therefore awarded about EUR 13,500 in discretionary compensation.
The Danish Public Servants Act contains a special provision governing dismissal of priests of the Danish National Evangelical Lutheran Church. According to the provision in question, priests may be dismissed if there have been fundamental disagreements between the priests and the parish for a number of years and they constitute a considerable obstacle to a thriving church life in the parish.
From June 2007 to December 2009, there were disagreements between a priest and members of the local church council as well as the rest of the parish. The disagreements were major and they still seemed insoluble after several meetings had been held to solve them. Based on a recommendation from the bishop, the Danish Ministry of Ecclesiastical Affairs therefore decided to dismiss the priest.
But the priest did not believe that the conditions for dismissal had been fulfilled and brought proceedings against the Ministry, claiming about EUR 135,000 in damages and compensation. Due to the fundamental issues involved in the case, the Copenhagen City Court referred the matter to the Danish Eastern High Court.
High Court ruled in favour of the priest
Two out of the three justices on the bench sided with the priest, holding that the requirement for "a number of years" had not been fulfilled. Based on a linguistic understanding of the relevant provision of the Danish Public Servants Act compared with the preparatory notes to the Act, "a number of years" was interpreted as meaning "at least 2 years". Accordingly, since the disagreements had only existed for 1½ years, the priest was awarded a discretionary compensation of about EUR 13,500.
Two out of the three justices on the bench sided with the priest, holding that the requirement for "a number of years" had not been fulfilled. Based on a linguistic understanding of the relevant provision of the Danish Public Servants Act compared with the preparatory notes to the Act, "a number of years" was interpreted as meaning "at least 2 years". Accordingly, since the disagreements had only existed for 1½ years, the priest was awarded a discretionary compensation of about EUR 13,500.
Norrbom Vinding notes
- that "a number of years" as provided by s. 43 of the Danish Public Servants Act must now be taken as meaning "at least 2 years"; but
- that the special provision in s. 43 of the Act does not affect the right to dismiss public servants in other situations.
