The case concerned whether an employer had legal grounds for termination of the employment contract for a firefighter with health issues, which prevented him from smoke diving. The employee organisation claimed that the employer had not correctly evaluated the firefighter´s capacity to work and that the employer had not fulfilled its obligation to reassign the firefighter or adjust his work duties.
The Labour Court found that the firefighter would never be allowed to perform the duty of smoke diving due to a previous heart attack, in accordance with regulations and the evaluation conducted by the examining doctor. The Court also found that the employer’s requirement that all employed firefighters should perform the duty of smoke diving was not unreasonable and that the employer was under no obligation to create new assignments in the workplace or change its course of operations. The Court therefore found that the employer was free to terminate the contract of employment.