Legal consequences Recourse to the courts

If the lawfulness of a dismissal is contested, the available options for legal recourse are not readily straightforward. 

If the legal action involves a question concerning relations between the social partners, the earlier mentioned Labour Court will have exclusive jurisdiction. Workers nevertheless have recourse to the general courts if their wage claims constitute the sole issue and the competent trade union fails to take appropriate action. If a matter in its entirety is subject to the jurisdiction of the arbitration tribunals under labour law, the Labour Court can refer the matter to these tribunals, unless the parties agree to have it adjudicated by this Court. 

Depending on the dismissal grounds, recourse can be taken to a series of special industrial tribunals or quasi-judicial arbitral bodies, including the 

As a rule, if a dismissal is declared to be of no legal effect, a severance payment based on the duration of the employment relationship will be decided upon. Here again, the Funktioncerlov provides a guideline pursuant to section 2b, the amount of severance pay is equal to the salary accming for half of the notice period if the employment relationship lasted for at least 1 year employees over the age of 30 are entitled to 3 months salary. 

In most cases, the losing party is ordered to pay the costs of the proceedings exceptions are possible, however. 

---