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South Karelia ordered to compensate former paramedic €83,000 for unlawful termination

Monday 16th 2024 on 20:10 in  
Finland

The South Karelia wellbeing district has been ordered to compensate a former paramedic approximately €83,000. According to the South Karelia District Court, the employer unlawfully terminated the paramedic’s employment contract in 2020, during a time when the social and healthcare district was still known as Eksote.

The dispute originated from events that occurred during the paramedic’s work trial. The paramedic had a permanent employment contract with Eksote and was on long-term sick leave but returned to work through a work trial prior to the end of their sick leave. During the trial, they received rehabilitation benefits from the Public Sector Pension Insurance Center, Keva, instead of a salary from Eksote.

During the trial, the paramedic temporarily lost their driving license due to a medical emergency. Eksote concluded that the paramedic could no longer work in an ambulance and assigned them to a new role in a phone service. The paramedic opposed the transfer and suggested working in other units, but Eksote determined they were unsuitable for those roles.

Towards the end of the work trial, the paramedic fell ill and did not return to work. The employer claimed the paramedic failed to provide a timely medical certificate regarding their illness. After the sick leave, Eksote alleged that the only reason given for absence was refusal to perform work duties. Ultimately, Eksote terminated the paramedic’s employment due to alleged unexcused absences.

However, the court ruled that Eksote did not have grounds for the termination based on refusal to work or the lack of a sick leave certificate. The court emphasized that the paramedic was in a work trial specifically for their paramedic duties, and changing their role unilaterally was not permitted.

The wellbeing district’s compensation consists of damages for the unlawful termination, failure to observe the notice period, compensation under the Equal Treatment Act, and legal fees. The ruling is not yet final.

Source 
(via yle.fi)