European Employment Law Cases

Case Reports

2019/21 Supreme Court rules on liability distribution between transferor and transferee (FI)

Keywords Transfer of Undertakings, Dismissal/Severance Payment
Authors Janne Nurminen
Author's information

348656 Janne Nurminen
Janne Nurminen is a Senior Associate with Roschier, Attorneys Ltd in Helsinki, www.roschier.com.
  • Abstract

      A municipal federation took back a nursing home operation it had previously outsourced to a contractor. The Finnish Supreme Court held that a transfer of undertaking had taken place and the municipal federation (transferee) was liable to pay the employee compensation for the unlawful termination of the employment contract. Further, the Supreme Court held that the employee had also without a justifiable reason directed the claim for compensation towards the employer company (transferor/the old contractor) and for that reason was liable to pay the legal costs of the employer company.

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