05.09.2017

News

NJORD in Estonia explains: An employer has the right to suspend a problematic employee!

It’s not a rare case that an enjoyable work atmosphere is disrupted by an employee, who, for one reason or another, frustrates their co-workers. And yet, there may not be any grounds for terminating the employment contract.

To restore a peaceful workplace environment, it’s sometimes necessary to suspend the problematic employee. Then again, it is the employer’s obligation to ensure work for all employees. The Employment Act does not give specific directions to deal with a situation like that… but… the court has found that in certain situations the employer has the right to suspend the employee.

Recently a court decision was finalized where the parties argued over the same matter. The employer decided to suspend the employee (asked the employee not to come in) while paying a salary for the time of suspension. Since the employee regarded employers decision as unlawful, court had to make the final judgement.

The court found that these kind of situations are not regulated by law, but all things considered, especially the fact that the employee did not suffer any monetary damages during that time, such conduct of the employer was in fact allowed (justified).

Need more information about ways to suspend a problematic employee? Contact NJORD’s lawyers Katrin Sarap, Triinu Hiob or Tavo Tiits.

Latest news

Five important things to keep in mind when doing business with Norwegians

NJORD partner Karolina Ullman lists 5 most important things to know when  doing business with Norwegians. Remember that you have different expectations regarding time!  To avoid misunderstandings, discuss what you mean by “as soon as possible”. Estonians are doers and want all to be made now while Norwegians are typically not in a hurry at […]

New AML Law in Estonia – What You Need to Know

On 26 October 2017, the Estonian parliament Riigikogu adopted a new law on anti-money laundering incorporating the Forth AML Directive[1]. The new law has many new provisions, but the most important ones are that it brings more clarity regarding the so-called obligated persons in the cryptocurrency business and new requirements such as registration of the ultimate beneficial owners (UBO).

Get the latest legal news

We gladly share our knowledge with you. Subscribe to our newsletters.

Subscribe here