In a high-profile judgment (AD 2026 No. 2), the Labour Court considered whether an authority was entitled to dismiss an employee with a full-time union assignment due to incorrect time reporting. The outcome was that the employer was right - a decision that tightens the requirements for accuracy even for elected representatives.
The employee had worked full-time for a trade union for a long time while retaining his salary from the Swedish Social Insurance Agency. The dispute arose when the employer discovered that working hours, flexitime and holidays had been reported incorrectly.
The woman admitted that mistakes had been made, including registering working hours on Midsummer's Eve and registering full working hours on days in August when she was actually on vacation. She had also failed to clock in and out, and had instead registered "standard" working hours that the employer could not check.
Court's assessment: Therefore, the dismissal was correct
The Labor Court bases its assessment on 18 § of the Employment Protection Act (LAS), which requires that an employee must have grossly neglected his duties for a dismissal to be valid. In the judgment, the AD clarifies three key principles:
1. freedom under responsibility sets higher standards
Since the employee was a full-time trade unionist, she was not under daily supervision. The court believes that it is then of most importance that the accounting is handled correctly, as the employer has no opportunity for ongoing control. In this situation, using standardized accounting instead of actual times was considered unacceptable.
**2. gross negligence need not be a criminal offense
AD refers to the preparatory works and states that a dismissal does not require that a crime has been committed. Other reprehensible behavior directed at the employer can also constitute grounds for dismissal if it seriously damages trust. Systematically reporting errors, even for a short time, was considered here as such behavior.
**3. special requirements for civil servants
The Court emphasized that the activities of the Social Insurance Agency are based on public trust. An employee's improper appropriation of salary and vacation days risks damaging the trust not only of that individual, but of the agency as a whole.
Our comment
The judgment is interesting as it clarifies the boundary between trade union work and the administrative obligations of the employment contract. Many people with freelance roles find that time reporting can be difficult to obtain accurately, but the AD makes it clear that "standardized reporting" is not acceptable if it conflicts with workplace rules.
For employers, the ruling shows the importance of having clear time reporting procedures that apply to all employees. For workers, it is a stark reminder that sloppy timekeeping - especially when it affects pay - can have the most serious Employment Law consequences, namely dismissal.
