Last month, the Oslo District Court concluded a very unusual trial, after eight days of conflicting claims and strong accusations. The focus is on a decorated officer with a long service record in the Armed Forces. He has had a number of assignments abroad. Claims that he was illegally dismissed on 17 August 2022, he was told that he was dismissed on the day, due to a lack of leadership skills. At that time, it was half a year since the war in Ukraine started. The defense feared that the mistrust between him and Major General Elisabeth Michelsen was so great that it could affect the operational capability. During the trial, it was claimed by the Norwegian Defense Forces that deep distrust between military commanders can easily lead to misunderstandings and, in the worst case, denial of orders. – I felt the seriousness and the responsibility. There was a big risk that the department would not function as expected, said Colonel Pål Harald Svarstad in the witness box. He is head of the Norwegian Armed Forces’ personnel and conscription centre. The defense believes that internal unrest at the department is also an important part of this assessment. – The employees walked around like zombies The dismissed officer has taken legal action against the Ministry of Defense for illegal dismissal. Major General Elisabeth Michelsen, on the other hand, believes that the Norwegian Armed Forces have very good grounds for the dismissal. She says there is overwhelming documentation that he did not have the ability and will to correct what she believes was a very poor working environment at the department. The protection commissioner said in court that several employees in autumn 2021 “walked around like zombies.” – There were a number of cases where people had bad experiences, she said. In February 2022, the Protection Commissioner delivered a notice about the condition at the workplace. Among other things, it was claimed there that a culture of fear existed. Beyond the spring of 2022, it peaked with a number of conflicts in the workplace, with accusations of alliance building, closed doors and the spreading of rumours. But – The Defence’s own internal audit has revealed serious shortcomings in the Defence’s handling of the conflict. An outside law firm also dismissed a number of allegations made against the officer by one of his subordinates. – Get hold of high salary supplements The parties in the case are in deep disagreement as to what was the cause of the deteriorating working environment. The defense believes that it was to a large extent the officer’s poor leadership that was the background, and that it was his responsibility to correct it in any case. REPRESENTING DISMISSED OFFICER: Attorney Edvard Bakke. Photo: Dag Kessel / news The officer’s lawyer, Edvard Bakke, however, believes that he was exposed to intrigue and unfair criticism. – It is also clear that a manager is completely put out when he receives an unjustified notice against him, and is opposed by his own subordinates, Bakke said during the trial. Bakke believes that the officer became unpopular because he seized on schemes with high salary supplements that several officers had during military exercises. Among other things, there was an arrangement where a senior officer was to be a “supervisor” on a 24-hour basis during exercises. This led to high salary increases. – One of his subordinates sent notices against him four times. His motivation was salary, Bakke said in court. HARD ON THE PLAINTIFF: Lawyer Elisabeth Stenwig represents the Ministry of Defence. Photo: Dag Kessel / news The defense attorney, Elisabeth Stenwig, said in her proceedings that she was horrified to hear that this case was about money and wages. – There is nothing wrong with grasping the contractual framework for wages, but it must be done in collaboration with the employees. These changes were not anchored in the department, she said. “Whistle-blower general” himself received a notice against himself But the trial in the Oslo District Court is in a special position for other reasons as well. The officer was indeed dismissed shortly after he had sent in a notice against Elisabeth Michelsen in the summer of 2022. – This is illegal retaliation, believes lawyer Bakke. – Whistleblowers have special protection under the legislation. The special thing about this case is that it is precisely Michelsen who has been appointed to lead the Norwegian Armed Forces’ work against bullying and harassment. Claims NOK 250,000 in compensation Her lawyer, Elisabeth Stenwig, believes it can be proven that she simply did not know about the notice. She believes it can also be proven that the decision to dismiss the officer was actually taken at the end of June. The idea was to take the officer into consideration by not giving such a dramatic message just before the summer holidays. Lawyer Edvard Bakke believes the officer is entitled to at least NOK 250,000 in compensation. Judgment in the case will probably come towards the end of the month.
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The armed forces feared that personnel issues could affect combat capability during the Ukraine war – news Norway – Overview of news from various parts of the country
