Lost his job, but happy for a new solution
The curtain went down for Tor Egil Nicolaisen and the whole family when he lost his job. But union representatives and NITO's lawyer got the employer to think better.
Aker Verdal was to abruptly lay off 300 employees. The investment in offshore wind is slower than expected.
For Tor Egil Nicolaisen, his wife and four children, the message was a hard blow. - Being on the red list was a powerful experience. It created great unrest and a thousand questions," he explains.
- What happens now?
- Will I lose my job?
- What is the process of being dismissed?
- What about the economy when I don't have a job?
- How does the dismissal affect my family?
Nicolaisen quickly received help from union representatives. With close follow-up and concrete assistance, he saw opportunities and understood his rights.
The engineer has a varied background and has been a NITO member for many years.
In February 2024, he was one of the last to join Aker Verdal in a wave of new hires. The government had presented a tax package that would boost industry despite the pandemic and uncertain market. This also included the transition from oil to offshore wind. There were good prospects.
"But the world was not ready for the new products," Nicolaisen explains.
Last in, first out... Obviously dismissed!
Two years later, the shock came. Nicolaisen has just turned 55 years old. What was he going to do now?
- 300 employees were to go. I found that there was a fair amount of confusion and little plan from the company on who had to go and what features had to be retained.
He remembers thinking: What about the large scope of hiring that Aker Solutions as a group has? Is there no room for those who lose their jobs elsewhere in the group where people are being sought?
- I'm not bitter. Nor is there any doubt that it is right that I was on the red list with only two years of seniority," says Nicolaisen.
What are your rights in the event of downsizing and restructuring?
What job protection do you have in a group?
He points out that everyone should know the rules about other suitable work and preferential rights in the event of downsizing. He refers to NITO lawyer Fredrik Skyberg, who gives this explanation on a general basis:
- Before your employer can dismiss you due to downsizing, they must consider whether there is other suitable work to offer – not only in your own business, but also in other companies in the group. The fact that hired personnel perform tasks you could have taken on may indicate that such work exists. If you are first made redundant, you have a preferential right to new positions in the group for one year, as long as you are qualified. The employer must also accept a certain amount of training in that assessment – how long, must be looked at in concrete terms.
Nicolaisen goes on to talk about what is local: - If there is the slightest suspicion that you can fit into another role, within three months, then you should have it rather than hired personnel, Nicolaisen emphasizes. - The management should be more aware of this. This provides opportunities for me, and for you if you are fired one day.
Nicolaisen felt that the company used privacy considerations as an argument for not exchanging information across the group. He believes that job opportunities in other parts of the business should have been presented to a greater extent as an offer for the 300, before you were called in to the meeting where the dismissal was presented.
- The family situation is different from employee to employee. If you have small children in school, it's not easy to move, but the company also has locations not too far away that might need more people," he says.
Demand negotiation of the dismissal
- The union representatives, led by Line Adelheid Stang and Berit Leirset, managed to be hawks and track down opportunities on my behalf. And they demanded negotiations about dismissals," Nicolaisen explains.
- My lawyer at NITO, Fredrik Skyberg, gave important support to the management. I am delighted that NITO has such skilled legal expertise. Suddenly, they found something else after all. I was offered a job at Aker Stord. This means that the dismissal has been postponed in time, with a temporary job at Stord. Maybe there can be an extension, or a way back to Verdal.
Lawyer Skyberg (pictured) is pleased that a better solution than dismissal worked out.
- It is nice to be able to help clarify ambiguities and remind the employer of the responsibilities and obligations they have, says Skyberg in a comment. - The fact that employees have the right to be offered other suitable work and have preferential rights throughout the group is something the employer quickly overlooks. Retaining expertise you already have within the group, even if it requires some restructuring, can be more cost-effective than bringing in someone completely new," he says.
Nicolaisen believes that employees have experienced different approaches to the situation they ended up in: "There is a difference in the service you receive based on which union you are part of. I feel that NITO has fought for me. Should I lose my job completely, it is a completely fair feeling then to walk out the gate and know that NITO has done what they could, every stone has been turned. Those who are not organized get zero support and have to feel greater uncertainty.
He warns that in such a situation, everything moves very quickly. From the time you suspect that your name is on the list, you are called in to the 15-1 meeting (discussion meeting), until you have the resignation in hand. - It is dramatic, very unpleasant and takes all the energy, he says.
You were going out!
- I could start driving buses again. It would have been killing the engineer in me. It will be difficult to return to the engineering profession," says Nicolaisen.
It was important to have a union representative with you to the 15-1 meeting. - The union representative cannot say anything, but it is a couple of extra ears. Like having a prompter with you," he explains.
- It is said that it is an assessment conversation, but you get the dismissal almost there and then. They had decided, you were going out. In the minutes I had half a page attached with my comments, it was added without it having anything to say.
When you are dismissed, you have 14 days to demand negotiations within Section 17-3 of the Working Environment Act.
The fact that you want to go to an employment court case, that is the next point. - Don't demand negotiations anyway, I don't mean that. But in a group like this, you have expertise that can be used for a lot. They hire and hire people all the time. It's about if you have the slightest suspicion that not enough has been done by your employer, then you have to speak up," he says.
- You have to have something concrete. Refer to a specific job advertisement, a job you should have gotten. The fact that the union representative is up to date on such things is important, Nicolaisen emphasizes.
Who does HR work for?
He points out that in a staffing adjustment, you quickly become painfully aware that the HR employee is employed by the group and works for the management.
- We often fall into the trap that HR is there for us, but that is wrong. They are there to comply with rules, yes, but they are not for you when there is a conflict," he says.
Found a solution, so far
So it became an arrangement with a job at Stord. He is happy with the job engagement with two weeks on and three weeks off.
- I do something similar to what I did at Verdal: Document and quality control, pressure testing, logging, archiving in oil projects. Now it's about the topside of Hugin A. The jacket was built in Verdal. Here at Stord, it is the platform on top that is put together. I work especially with document handover to the customer," he explains.
What is the point of being unionized?
- If I hadn't been unionized, I would probably have just accepted the resignation, taken my hat and left. I now only have one postponement, but a postponement is worth a lot in this industry," he says.
- Being organized is worth its weight in gold, it gives a greater sense of security. The legal assistance that is included in the membership at NITO is invaluable, many do not have the finances to provide their own lawyer. In addition, you have a number of financial membership benefits.
Why should I get organized?
Nicolaisen encourages everyone to get organized: - There is nothing to speculate about. Not being unionized is like not having your house insured. It usually goes well, but on the day the house burns down, you are left with nothing to lose.
- The salary and salary negotiations and that part of it is also very important. If you are not organized, you are a free passenger. It costs so incredibly little in terms of what you get in return," he says. - You have access to a large community and lots of courses. I know that being organized pays off!
