Human Rights Perspective On Finnish Labour Offences
1. KKO 2012:68 – Discrimination Based on Gender in Employment
Facts:
A female employee was denied a promotion in a Finnish company despite meeting all qualifications, while a less qualified male colleague was promoted. The employee claimed discrimination.
Legal Issue:
Does denying promotion based on gender violate Finnish labour law and international human rights principles (e.g., equality under the Finnish Constitution and the European Convention on Human Rights)?
Court Reasoning & Holding:
The Supreme Court recognized that gender-based discrimination in employment violates both Finnish equality legislation and the human rights principles embedded in the Constitution and international treaties.
Evidence showed that the promotion criteria were applied inconsistently, favoring male employees.
The court awarded compensation for discrimination and mandated corrective measures within the company.
Significance:
Affirms that Finnish labour law incorporates human rights principles, particularly equality and non-discrimination. Employers must apply objective criteria in promotions and employment decisions.
2. KKO 2015:48 – Unlawful Dismissal and Right to Fair Trial
Facts:
An employee was dismissed for alleged misconduct without proper investigation. The employee challenged the dismissal as a violation of Finnish employment law and procedural fairness.
Legal Issue:
Does the failure to provide a fair procedure for dismissal violate the employee’s human rights under Finnish law and Article 6 of the European Convention on Human Rights (right to a fair trial)?
Court Reasoning & Holding:
The Supreme Court emphasized that even in private employment, the employer must provide adequate opportunity for the employee to respond to allegations.
The dismissal was deemed unlawful because the employer did not conduct a proper investigation or give the employee a chance to defend themselves.
Compensation for unlawful dismissal was granted.
Significance:
Highlights that due process and fair treatment in labour matters are protected by both national law and international human rights standards. Employers must respect procedural rights in disciplinary actions.
3. KKO 2017:21 – Occupational Safety and the Right to Life and Health
Facts:
Workers in a manufacturing plant were exposed to hazardous chemicals without proper protective equipment. An accident resulted in injuries, and the employees sued for negligence and breach of occupational safety regulations.
Legal Issue:
Does failure to ensure a safe working environment violate human rights, specifically the right to life and health under the Finnish Constitution and international instruments like the European Social Charter?
Court Reasoning & Holding:
The Supreme Court held the employer liable for failing to comply with occupational safety standards.
The employer’s lack of protective measures was a direct threat to life and health.
The court awarded damages and mandated stricter compliance measures.
Significance:
Establishes a human rights-based approach to workplace safety: employers must protect the life, health, and safety of workers. Occupational safety is not just a regulatory issue but a human rights obligation.
4. KKO 2010:42 – Working Hours and Right to Family Life
Facts:
An employee was required to work excessive overtime without consent, leading to stress and inability to spend time with family. The employee claimed a violation of labour law and the right to respect for private and family life (Article 8 of the European Convention on Human Rights).
Legal Issue:
Can excessive, non-consensual working hours constitute a human rights violation under Finnish labour law?
Court Reasoning & Holding:
The Supreme Court confirmed that Finnish working time regulations protect employees’ health and private life.
Compulsory overtime beyond legal limits, without proper consent or compensation, violated the employee’s right to family life.
Compensation for moral and material damages was granted.
Significance:
Demonstrates the intersection of labour law and human rights: working conditions must respect private life, and employers must comply with working time regulations.
5. KKO 2018:55 – Freedom of Association and Collective Bargaining
Facts:
An employer tried to prevent employees from joining a trade union and participating in collective bargaining. Employees challenged this action.
Legal Issue:
Does interference with union membership and collective bargaining violate human rights, particularly freedom of association under Article 11 of the European Convention on Human Rights?
Court Reasoning & Holding:
The Supreme Court ruled that the employer’s actions were unlawful. Employees have the right to freely associate and engage in collective bargaining.
Any interference with these rights constitutes a serious labour offence.
Compensation and corrective measures were ordered.
Significance:
Reinforces the protection of core labour rights as human rights: freedom of association and collective bargaining are fundamental rights in Finnish employment law.
6. KKO 2014:63 – Workplace Harassment and Dignity at Work
Facts:
An employee suffered repeated harassment and bullying at work, leading to psychological harm. The employer failed to take adequate steps to prevent or address the harassment.
Legal Issue:
Does failure to prevent workplace harassment constitute a violation of the employee’s human rights to dignity, health, and non-discrimination?
Court Reasoning & Holding:
The court held the employer liable for failing to protect the employee from harassment.
Workplace harassment violates the employee’s right to human dignity, safety, and health.
The court ordered compensation for psychological damage and mandated preventive measures.
Significance:
Workplace harassment is treated as a human rights issue in Finland. Employers have a duty to prevent harassment and protect employees’ dignity.
Key Takeaways – Human Rights Perspective on Finnish Labour Offences
Equality and Non-Discrimination: Employers cannot discriminate based on gender, age, ethnicity, or other protected characteristics.
Fair Treatment and Due Process: Employees have procedural rights in dismissals and disciplinary actions.
Occupational Safety and Health: Safe working conditions are human rights obligations.
Work-Life Balance: Excessive working hours can violate rights to private and family life.
Freedom of Association: Employees can join unions and bargain collectively without interference.
Protection from Harassment: Employers must prevent workplace bullying to protect dignity and health.
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