Indeed, the laws are different. But in this case it doesn't matter much because the example is extreme.
Even if the employer could show that the manifesto caused a toxic work environment (hard), and that that was also Demore's intent (even harder), the employer would also need to show that they had tried to resolve the situation with other means. For example, by asking Demore not to publish similar manifestos in the future. Had he then refused to comply, their case would have been stronger.
Not even the examples I gave -- a cock not able to boil eggs, a train conductor always oversleeping or an active member of a Nazi party -- are completely clear cut in all countries. And Damore's manifesto is very, very far from it.
That's the point. Under some of the more liberal legislations in eg. Denmark, you can fire people for "cooperation difficulties". The bar is higher than at-will, but it's not very difficult to meet. The employer just have to show that it has tried and failed to remedy the "difficulties" first (so you can't just fire people the next day). It's unclear that the statements found to constitute sexual discrimination could reasonably be meaningfully "remediated" (especially if the employer isn't in fact committed to it, it just have to show that it tried).
The employer must be able to document that the termination is due to cooperation difficulties. Google didn't provide any such documentation. Hence terminating Damore for the manifesto would have been illegal in Denmark. That's the point -- Damore's dismissal was so obviously unfair that it wouldn't have been allowed in any Western European country.
That's just a detail. Google didn't hire or fire Damore in Denmark, so obviously they didn't bother to follow Danish law. My point is that Google could most likely fairly easily have argued that the memo caused insurmountable cooperation difficulties and terminated him on that basis.
The exact steps, the time taken and the phrasing of the arguments would have been different, but the substance (he got fired for the memo) would have been the same.
"Similarly, ‘conduct of the employee’ means that dismissals based on sickness absence, underperformance, etc, will usually be considered reasonably justified. In most cases, however, it will be a requirement that one or more written warnings have been given before the dismissal to allow the employee to remedy the situation and thus avoid dismissal."
Google didn't issue one or more written warnings. The dismissal would therefore have been judged unjustified.
No, they didn't issue warnings because they didn't have to. If they did have to, they would have issued a warning, then found that no action he might take could have remedied the situation (the things in the memo that were considered harassment can't meaningfully be taken back), and then he would have been fired.
Even if the employer could show that the manifesto caused a toxic work environment (hard), and that that was also Demore's intent (even harder), the employer would also need to show that they had tried to resolve the situation with other means. For example, by asking Demore not to publish similar manifestos in the future. Had he then refused to comply, their case would have been stronger.
Not even the examples I gave -- a cock not able to boil eggs, a train conductor always oversleeping or an active member of a Nazi party -- are completely clear cut in all countries. And Damore's manifesto is very, very far from it.