Legislator Case Law & Legislation
KKO 2181/1997 AI generated

Supreme Court allows unemployment benefits deduction from damages when termination is without cause under Labor Code Section 51.

Case Number KKO 2181/1997
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Finland ruled that unemployment benefits received by an employee can be deducted from damages awarded for unjustified termination. The court found that the employee had received benefits based on the assumption of continued employment, which was invalidated by the employer's wrongful dismissal. Consequently, the court held that the employee must return the portion of benefits corresponding to the lost wages, as the benefits were not earned due to the employer's breach of contract. This decision clarifies the interaction between unemployment insurance and tort damages in cases of wrongful termination.

Legislator headnote

AI generated

Labor Code Section 51, Paragraph 1; When an employee receives unemployment benefits following a termination without cause, the court may order the deduction of those benefits from the damages awarded to the employee, as the benefits were contingent upon the continued existence of the employment relationship.

Keywords

AI generated
unemployment benefits deduction wrongful termination damages Labor Code Section 51 employment relationship termination benefit offset rule unjustified dismissal employee compensation

Cited Legislation

AI generated
Labor Code Section 51, Paragraph 1

Cited Case Law

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Full text

Kysymys työntekijän työttömyyskassasta saamien päivärahojen ottamisesta huomioon työnantajan työntekijälle perusteettomasta työsopimuksen irtisanomisesta työsopimuslain 51 §:n 1 momentin nojalla suoritettavaa vahingonkorvausta määrättäessä.

Ks. KKO:1995:215 KKO:1996:135

TSL 51 § 1 mom