Invalid dismissal: how to have it declared invalid

A dismissal that lacks objective reasons may, if the statutory requirements are met, be declared invalid by a court under Section 34 of LAS. However, challenging the validity of a dismissal does not mean that employment automatically continues after the notice period.

Since 2022, the general rule has been that employment, and therefore entitlement to salary, does not continue beyond the end of the notice period while a dispute over validity is ongoing. The court cannot order employment to continue during the dispute after the notice period has expired. This means that the financial situation during a dispute may vary depending on the circumstances.

Anyone wishing to have a dismissal declared invalid must, as a general rule, notify the employer within two weeks of the dismissal (Section 40 of LAS). Exceptions exist, including where the dismissal notice lacks the required information, and collective agreements may contain different rules. Claims for damages have a longer time limit.

Damages may include compensation for financial loss and general damages for the infringement. What is possible in an individual case depends on the circumstances; see when compensation may be available for wrongful dismissal. The same assessment may be relevant if you have been pressured to resign. Because the time limits are short, it is advisable to seek advice as soon as possible after receiving the notice.