Labour Law Topics



Even though the Employee who Systematically Overslept Constituted Culpable Behaviour; it was not Seriously Culpable

Arbeidsrecht Actueel 486

Even though the Employee who Systematically Overslept Constituted Culpable Behaviour; it was not Seriously Culpable

A bus driver who continued to frequently oversleep, even after several warnings and after the employer had offered him support, constituted culpable conduct, so that the Sub-district Court dissolved the employment contract. However, the employee’s...

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Wage Penalty Prevents Recourse of Sick Pay in Third Year of Illness

Arbeidsrecht Actueel 485

Wage Penalty Prevents Recourse of Sick Pay in Third Year of Illness

An employer wanted to recover the costs of the continued sick pay to an employee who had become labour incapacitated from the person who was liable for the fact that the employee had become labour incapacitated. The regress was granted for the first...

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Dismissal for Sexual Affair with Subordinate’s Wife

Arbeidsrecht Actueel 484

Dismissal for Sexual Affair with Subordinate’s Wife

An employee's employment contract was terminated for seriously culpable behaviour, because not only had he entered into a sexual relationship with a subordinate’s wife, but also because, subsequently, he had tried to persuade the subordinate, who...

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No Dismissal for Labour Incapacitated Employee who Persists in Exaggerated Complaints

Arbeidsrecht Actueel 483

No Dismissal for Labour Incapacitated Employee who Persists in Exaggerated Complaints

In a lengthy and complex dispute between an employer and a labour incapacitated employee about the latter's reintegration, the Court of Appeal decided that the fact that the employee steadfastly clung to ever more employment restrictions beyond the...

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Employer was not Allowed to Discontinue the Sickness Benefit

Arbeidsrecht Actueel 482

Employer was not Allowed to Discontinue the Sickness Benefit

Despite accusations that a former employee had not been cooperative in his reintegration, his employer, a self-insurer, was not allowed to discontinue payment of the Sickness Benefit, because he had not got the UWV permission first. An employee...

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Compensation for Excessive Work Load

Arbeidsrecht Actueel 481

Compensation for Excessive Work Load

A care worker who was seriously overburdened and who had fallen ill and had become labour incapacitated for a long time as a result, was not entitled to a fair compensation, but to a worker’s compensation instead, since the employer had failed to...

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