An employer must be able to prove that a dismissal is not due to paternity leave

By judgment of 1 June 2016, the Danish Eastern High Court awarded an employee compensation in the amount of DKK 200,000 corresponding to six months' salary on the grounds that the employer was unable to prove that the decision to dismiss the employee was not, in whole or in part, based on the fact that a few days later the employee was about to take two weeks of paternity leave. Although the dismissal took place before the commencement of the paternity leave, the burden of proof that the dismissal was not due to the paternity leave lay on the employer.

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