Litigation and Trials
In case of a dispute between the company and an employee navigating the diverse options for dispute resolution can be challenging.
Litigation can incur significant financial costs and use many internal resources. Even if the company believes it has a strong case, it is often advisable to explore alternative dispute resolution options before resorting to litigation. We can assist in assessing the appropriate approach to the case and to negotiate solutions with the employee.
If an amicable resolution cannot be reached, our team is prepared to handle the case in court.
The dispute solution system in Denmark
The Courts
The legal system consists of three court instances: district courts, high courts, and the Supreme Court. Most cases commence in the district court, and parties can appeal rulings to the high court if dissatisfied with the district court's decision. Only principal cases typically reach the Supreme Court, either as a result of the case starting in the high courts or if the party obtains permission to appeal the case for a second time.
In-court and Extrajudicial Mediation
Parties involved in court proceedings are typically offered mediation early in the process. In-court mediation is a viable alternative to traditional litigation, being a more cost-effective, straightforward, and expedient method of resolving disputes. During mediation, parties usually meet in the court's premises with a trained mediator, often a judge, to attempt a resolution through a settlement.
A related dispute resolution model is extrajudicial mediation. Here, parties, without court involvement, meet with a trained mediator to attempt dispute resolution. Bo Enevold Uhrenfeldt, attorney and partner at Littler | Denmark, is a certified mediator.
Labor Court
The Labor Court is a specialized court handling cases related to the violation and interpretation of general agreements and breach of collective bargaining agreements, as well as the legitimacy of industrial actions. Before a case reaches the Labor Court, it typically undergoes proceedings in the labor relations system, involving local negotiations, mediation meetings, organizational meetings, joint meetings, and, in certain cases, consideration by an industrial arbitration.
Industrial Arbitration
Industrial arbitrations treat cases concerning the interpretation of collective bargaining agreements. An industrial arbitration usually comprises an arbitrator appointed by the Chairman of the Labor Court and four other members, two appointed by the employee side and two by the employer side.
Equal Treatment Board
The Equal Treatment Board is an independent body handling cases of discrimination, e.g., on the grounds of gender, pregnancy, age, or disability. The board handles complaints of discrimination both within and outside the labor market. Proceedings before the board are conducted in writing, meaning that there is no opportunity for parties' statements and witness testimonies, and the parties cannot present and argue the case in a hearing.
The Disputes Board
The Disputes Board rules on disagreements between apprentices and companies during apprenticeships in vocational training. If disputes arise between apprentices or trainees and the respective training company, parties must initially attempt to reach an agreement through the professional committee. If consensus cannot be achieved, the Disputes Board will make a decision regarding the specific dispute between the apprentice and the training company concerning the vocational training.
