New Case Law – Burden and standard of proof in events of alleged falsification of a resignation document

When an employer claims that an employee has resigned by means of a written notice of resignation signed by the employee that can be presented in its original form, and it is alleged that the document is falsified, the employer bears the burden of proving that the document is genuine. The employer must make it highly probable that the document is genuine (AD 2023 nr 18). A corresponding alleviation of the burden of proof should apply in a situation where the written notice of resignation is said to have been signed with a pen on an iPad and the electronic document with the employee’s signature is presented. When the parties agree that it is the employee’s signature on the resignation document, the employer must make it highly probable that the document originates from the employee.

Read more here (in Swedish).