Pure machine translation with no editing:
Rianne Vogels won - the dismissal was unfair Hordaland District Court believes Rianne Vogels can express herself critically in the trans debate. The court believes that her dismissal was unfair and she is awarded compensation of NOK 60,000.
A victory for freedom of expression as the judgment appears, says lawyer Birthe Eriksen to TV 2. She points out that the judgment is not yet legally binding. TV 2 has not received an answer to whether the other party will appeal. Recently, there has been an intense debate related to the trans movement. Many have watched with great excitement until the verdict in what is referred to as a matter of principle and importance and which is also part of the whole so-called "trans debate". Big problem on the map - I am happy to have been successful. The trial has put a bigger problem on the map, says Rianne Vogels to TV 2. She points out that in both Norway and other countries there has been a conceptual shift regarding gender, legislative changes and clinical treatment. - Many, even professionals, have been reluctant to discuss this, says Rianne Vogels. She sued her employer Papillon after she was fired for speaking out critically in the trans debate. Harassing letter WON: Rianne Vogels won with her lawsuit against employer Papillion. Photo: Geir Johnny Huneide / TV 2 WON: Rianne Vogels won with her lawsuit against employer Papillion. Photo: Geir Johnny Huneide / TV 2 - There now seems to be greater understanding that "no debate" and harassing letters to employers should be on the way out as gagging techniques, says Vogels to TV 2. Vogel's employer was tipped off by an unknown person who said in an e-mail that Vogels had spoken out negatively in the trans debate and that she came across as transphobic. - This case has become much bigger than a normal labor court case, says Vogels. Relieved lawyer - Rianne Vogels is of course both relieved and happy to have fully won this demanding and important case that she has been involved in for so long, says lawyer Birthe Eriksen to TV 2. Eriksen believes it is important that Vogels has received the court's approval that her statements are not transphobic and that these are generally unproblematic for an employee to make. - You have pointed to freedom of expression? - We are happy for the signals that this judgment sends and that her statements are not perceived as transphobic, Eriksen clarifies. Factual statements In the judgment, the court points out that it is relevant to look at some of the statements that can be perceived as the most critical of trans people. "The court will note that most statements that Vogels has made, directly or indirectly, in the debate about gender identity, must be considered factual." The court further concludes that it does not find "that the statements made by Vogels on Twitter are transphobic." The court believes that the statements made by Vogels on Twitter will, in principle, be well within the framework of freedom of expression. The statements will generally be unproblematic for most employers, and will not constitute a breach of the duty of loyalty towards the employer. Ordered to cover legal costs Employer Papillon is then ordered to pay Vogels' legal costs of NOK 537,514. Overall, it is the court's assessment that it did not appear clear to Vogels that her statements on Twitter were contrary to Papillon's interests, and could be negative for the organisation's work. But the court finds that she should understand that her statements about gender identity could have meaning for Papillon, and that Papillon could easily be identified with her own opinions. In such a context, Vogels should have been more careful with how she expressed herself on Twitter. No breach of duty of loyalty The court believes that there is no breach of the duty of loyalty, and that the dismissal was therefore not factually justified. The court considers dismissal a disproportionate reaction. In the judgment, it is determined that "the statements were problematic for Papillon, but not of such a nature that there was no room for dialogue about future behaviour." The court considers the dismissal to be invalid, cf. the Working Environment Act § 15-12 first paragraph. TV 2 has not succeeded in getting a comment from the other party's lawyer, Ida Kristin Hollund Brunborg at Simonsen & Vogt. - We are considering the verdict now and will come back, says lawyer Trine Lise Fromreide at the same law office. Got fired Rianne Vogels was fired by her employer Papillon, after speaking out critically in the so-called trans debate. Following this, Vogels sued his former employer for unfair dismissal. FIRST DAY: Rianne Vogels, lawyer Birthe Eriksen and solicitor Nina Sørensen greet each other during the first day of court. Photo: Geir Johnny Huneide / TV 2 FIRST DAY: Rianne Vogels, lawyer Birthe Eriksen and solicitor Nina Sørensen greet each other during the first day of court. Photo: Geir Johnny Huneide / TV 2 It was seen as a historically important and highly principled trial. For the first time, the court must weigh different considerations against each other.