Legislator Case Law & Legislation
KKO 1209/1995 AI generated

Dismissed: Employee's claim for severance pay loss due to employer bankruptcy was rejected by the Supreme Court.

Case Number KKO 1209/1995
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's claim for damages regarding lost severance pay following the employer's bankruptcy. The employee argued that the employer's insolvency prevented the payment of statutory severance wages, while the employer contended that the statutory obligation to pay such wages was extinguished upon bankruptcy proceedings. The court ruled that the statutory right to severance pay does not survive the employer's bankruptcy, thereby rejecting the claim for damages.

Legislator headnote

AI generated

TSL 41 § 1 mom; TSL 42 § 2 mom: The statutory right to severance pay is extinguished upon the employer's bankruptcy, and no damages can be claimed for its non-payment.

Keywords

AI generated
severance pay employer bankruptcy statutory obligation employee damages insolvency proceedings termination compensation supreme court ruling

Cited Legislation

AI generated
TSL 41 § 1 mom
TSL 42 § 2 mom

Cited Case Law

AI generated
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text

Kysymys lomautetulle työntekijälle irtisanomisajan palkan menettämisestä aiheutuneen vahingon korvaamisesta työnantajan joutuessa konkurssiin.

Ks. KKO:1994:12

TSL 41 § 1 mom

TSL 42 § 2 mom