Act your wage

An employee started having conflicts with two colleagues and eventually submitted a written complaint to his team leader. He reported comments about eating pork during Ramadan and being called a “free slave”, among other things. Management responded by holding individual meetings with all three.

However, the issues continued, and the employee ended up with a written warning. He posted the warning in the office with a note reading “Act your wage”.

Ultimately, all the different issues led to the employee leaving his position with a severance agreement.

Effort obligation, not a result obligation

First, the Tribunal found that the company had ensured a harassment-free work environment. It had proactive measures like workshops and e-learning, which showed its commitment to promote a positive workplace culture. Management had also acted quickly and addressed the situation through open dialogue.

Next, it also concluded that the company was not liable for harassment. Since the employees were all on the same level, the conflict was seen as poor communication rather than harassment.

IUNO’s opinion

The decision shows that while companies cannot guarantee a harassment-free workplace, they must take the necessary steps to address conflicts. Although the colleagues were not sanctioned, the company had done what it could to prevent harassment.

IUNO recommends addressing harassment allegations promptly, follow up thoroughly, and documenting actions. Companies are legally required to actively prevent harassment. This includes establishing practices and taking appropriate action based on the situation.

[The Norwegian Anti-Discrimination Tribunal’s decision of 11 December 2024 in case 23/735]