– It is sad and heavy, and it happened so fast. What do I do now? This is the my child, ‘Weiseth.
In May she passes 32 years as an employee at the hotel. No one knows whether there will be several years. One of the leading labor law experts believe Weiseth can continue.
– Subject to that I do not know other than through the media, this sounds basically like a business transfer, says Einar Engh Hjort.
Engh is a partner in the law firm Hjort labor group and has litigated undertaking in the Supreme Court. In addition, he has written on the subject in various textbooks.
Background:
he believes the case where all the staff at the Hotel Norway in Bergen gets fired from September 1 is not as simple as Scandic see it. Earlier this week the company sent a message to the representatives of the hotel that was not going to be able to keep parts of the hotel open during the complete renovation starting this fall.
– Do not we have a hotel to operate in, we rather not have the staff there, said CEO Svein Arild Mevold in Scandic NRK Thursday.
Will advised to sue
– should try In RS: One of Norway leading experts on employment law, Einar Engh Hjort believes employees should try the case in court. – Yes, it sounds like it, he said.
the hotel completely closed from 1 September until May 2017 when the plan is to open parts of the newly renovated hotel. First, in May 2018, the entire hotel is reopened. Because the property can not be kept open during the renovation work mean Steen Mevold there is no longer talk of a transfer of business.
The subject of transfer must be a separate economic entity that preserves the identity after the transfer. Should the unit be changed? Should we use the same equipment, premises? Acquires one brand and similar things.
– Comfortable for Scandic to do so
That hotel will be closed for eight months, according to Engh does not automatically mean that the staff disappear into unemployment.
– the question of disruption looks at length and cause of it. A renovation would not do that identity is gone. I can not see that downtime in eight months due to renovations not mean that it is an undertaking. This means that employees are entitled to participate further, says Engh.
– I think it will be hard to say that we’re bound by the promise they gave the employees in November, but the question is whether they under closure could have laid off they employ. I realize Scandic wants to make it so, it’s comfortable for them, but from the way I know fact I set myself doubt that it holds. However, I must stress again that I do not have a complete overview of fact, he said.
trade union lawyers are considering the matter
The staff at the hotel received notification of dismissal with shock this week. Scandic in turn understand the shock, arguing it also came bardust on them.
– GO tO ITEM: – Our lawyers are looking at the case, and most likely they decide to sue at once, says Djevat Hisenaj, the leader in Hordaland Hotels and restaurants Labourers. Photo: Speech Hauso / NRK
– Normally when we renovate hotels we do everything we can to keep the hotel open, and it was also the plan in this case. We did not know that it could not be done, go that is what is most sad. I understand the staff thinks it’s a tough message to get, says Steen Mevold of Scandic.
The leader in Hordaland Hotels and restaurants Labourers, Djevat Hisenaj, who is also deputy chairman of the union of the hotel itself, tells Friday he already has put lawyers on the case.
– Our lawyers are looking at the case, and most likely they decide to bring an action immediately, says Hisenaj.
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