KKO 1992:7

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The issue here was whether the employer company was guilty of discrimination in working life. Marja-Liisa Laukkanen had been working at Oy Kolmeks Ab. During her four months trial period, she got pregnant on which she informed her employer. Soon after that, she was dismissed on the grounds that she was on her trial period. Ms. Laukkanen claimed that her pregnancy was the ground for the dismissal which was against Section 8 of the Finnish Equality Act (609/1986, as amended) (the "Equality Act") on the basis of discrimination in work life. In addition, Ms. Laukkanen claimed that the dismissal was against Section 3 of the Old Finnish Employment Contracts Act (320/1970, as amended) (the "Old Employment Contracts Act"), which states that employment cannot be revoked on inappropriate grounds. The District Court ruled against Ms. Laaukkanen but the Court of Appeals reversed. It held that the dismissal of Marja-Liisa Laukkanen was against both the Old Employment Contracts Act and the Equality Act and ordered the company to pay damages. The grounds for the Court of Appeals' decision were that, when the employer and Ms. Laukkanen had negotiated on the employment, the employer had had significant interest on the fact if Laukkanen was planning to get pregnant. Further, the company had not been able to prove that Ms. Laukkanen had started neglecting her work duties as soon as she had found out about her pregnancy. The Supreme Court agreed with the opinion of the Court of Appeals and held that the dismissal violated Section 3 of the Old Employment Contracts Act. However, it did not consider the dismissal to be against the Equality Act because, according to the government proposal (57/1985) for the Equality Act, discrimination in working life only means discrimination based on the gender and, therefore, gender has to be the immediate reason behind the dismissal.




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