• sarhoshamiral@alien.topB
    link
    fedilink
    English
    arrow-up
    1
    ·
    10 months ago

    Tesla may have a case here as postal office likely has a legal obligation to deliver mail as a government entity. Tesla may not be able to sue the union but they can sue the government to force delivery of mail by other means.

    • _Miggel_@alien.topB
      link
      fedilink
      English
      arrow-up
      1
      ·
      10 months ago

      They can not sue the goverment. Striking employees not delivering mail to tesla is not a break of the contract. It regarded as a force majure event.

      • retiredminion@alien.topB
        link
        fedilink
        English
        arrow-up
        1
        ·
        10 months ago

        Force majeure

        In contract law, force majeure is a common clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, epidemic, or sudden legal change prevents one or both parties from fulfilling their obligations under the contract. Explicitly excluded is any event described as an act of God, which covers a separate domain and legally differs, though it is related to contract law. In practice, most force majeure clauses do not entirely excuse a party’s non-performance but suspend it for the duration of the force majeure.

        Under international law, it refers to an irresistible force or unforeseen event beyond the control of a state, making it materially impossible to fulfill an international obligation. Accordingly, it is related to the concept of a state of emergency.

        Although it does mention “strike”, I’m pretty sure calling your own strike then claiming Force majure was never the intent.

        • _Miggel_@alien.topB
          link
          fedilink
          English
          arrow-up
          1
          ·
          10 months ago

          But its not postnord that is calling the strike, its a third party (the union) calling the strike. The employees are taking certain action to support the IF metall strike, the company has really nothing to so with the strike.

    • promovendi@alien.topB
      link
      fedilink
      English
      arrow-up
      1
      ·
      10 months ago

      PostNord isn’t a government entity nor are their employees government employees. If you’re going to have strong opinions about Swedish Unions it helps to not being entirely ignorant about Sweden and the actors involved.

    • AFatDarthVader@alien.topB
      link
      fedilink
      English
      arrow-up
      1
      ·
      10 months ago

      They don’t have a case for that. Labor laws work very differently in Sweden. Solidarity action like this is constitutionally protected.

      The situation here is no different then power utility company workers cutting off power to a religious building they don’t like.

      It’s completely different, and your comparison makes me think you don’t know much about the situation or Sweden in general. The postal union is allowed to take solidarity action not because “they don’t like” Tesla but because Tesla has refused to engage in collective bargaining.