News and current topics from various practice areas and industries

On February 28, 2024, the Supreme Court issued a decision that helps to clarify the scope of an employer’s duty to exempt an employee from night shifts if the individual needs this for health, so-cial, or other significant welfare reasons. The case concerned the employee’s claim to retain their job, without night shifts.

After lengthy mediation, an agreement was signed on Wednesday, March 6, 2024 between Nord-Fosen siida and Roan Vind DA regarding the wind power plant at Roan. Before Christmas, an agreement was signed between Fosen Vind DA and Sør-Fosen sijte regarding the wind power plant at Storheia. Hjort has assisted Fosen Vind DA and Roan Vind DA in the mediation process.

A contract has been entered into. After a thorough competition process, the client has selected the supplier with the best offer. Along the way in the contractual relationship, what can happen happens – the supplier does not fulfill the contractual obligations. What scope of action does the client then have?

In a groundbreaking ruling from the Labor Court on February 5, new light was shed on the legality of sympathy strikes in Norway, especially in cases involving foreign employers. The ruling, of above-average principled significance, provides important clarifications on the scope of the Main Agreement between LO (Norwegian Confederation of Trade Unions) and the Norwegian Shipowners’ Association and sets a precedent for future labor disputes with international elements. With this ruling, workers’ rights are strengthened, enhancing the ability to enforce tariff demands against foreign employers in Norway.

As a consequence of the merger of courts following the judicial reform in 2021, several court leaders became redundant in their leadership roles. The affected positions were continued as judicial offices in the merged courts, but in a way that allowed the incumbents to retain their title and salary.

Recently, a series of interesting initiatives have been introduced with the goal of amplifying renewable energy production from solar power. At Hjort, we are closely monitoring this progressive and promising endeavor.

Before the New Year, the Ministry of Petroleum and Energy, now the Ministry of Energy, submitted Prop. 33 L (2023-2024) on amendments to the Watercourse Regulation Act and the Energy Act to strengthen security of supply to the Storting. The bill is being considered by the Storting’s Energy and Environment Committee, which will submit its recommendation by February 13, 2024. The bill fol-lows up on the government’s proposal for a new governance mechanism.

The dispute over the farm at Storheia on Fosen has now been resolved. After an extensive mediation process between Sør-Fosen sijte, Fosen Vind DA, and with the participation of the state, an agreement has been reached. Hjort, led by lawyer Kristin Bjella, has assisted Fosen Vind in this mediation.

On December 11, the Labor Court issued a unanimous judgment that puts an end to the prolonged discussion about the so-called individual after-effect of collective agreements.