The case stems from a legislative amendment that came into effect on January 1, 2019, which required employers to report and withhold taxes and pay employer’s contributions on tips. In light of the legislative change, both Hotel Bristol and Oslo Plaza Hotel implemented arrangements where a percentage deduction was made from the tips to cover employer’s contributions and administration costs.
The judgment contains interesting clarifications about the scope of the employer’s right to govern. Hjort’s employment law lawyers have extensive experience in advising clients on issues related to the scope of management law. The recent Supreme Court ruling refers to no less than four previous Supreme Court decisions that have been litigated by Hjort lawyers
The Supreme Court’s ruling can be read here (Norwegian): https://www.domstol.no/globalassets/upload/hret/avgjorelser/2023/april/hr-2023-728-a.pdf
Hjort has previously written a comment on the Court of Appeal’s verdict in the case, which can be read here.
