Labour Law Topics
Arbeidsrecht Actueel 559
Employee Incorrectly Requested the Sub-district Court to Order the Self-insured Employer to Pay the Sickness Benefit
An employer and an employee had a dispute about whether the employee was ill when her employment contract was terminated. This was the reason why the employer, who was a self-insurer, did not pay the Sickness Benefit. The employee wanted the...
Arbeidsrecht Actueel 558
Summary Dismissal for Working for a Third Party
An employee was rightfully summarily dismissed for concealing a second employment relationship, for not being open about it when asked for it, and for performing work in this second employment relationship after having reported sick. Since 1990, an...
Arbeidsrecht Actueel 557
No Dissolution of the Employment Contract of an Employee who had Deliberately Untruthfully Reported Sick
The employment contract of an employee who had untruthfully reported sick in order to able to attend a wedding could not be terminated. The prohibition on termination during illness precluded it, because the employee was ill when the termination...
Arbeidsrecht Actueel 556
Summary Dismissal for Untruthful Notification when Reporting Sick
An employee who had untruthfully reported sick was rightly summarily dismissed by her employer. An employee worked as an educator at a childcare institution in Hengelo. On January 6, 2014, the employee reported sick via a WhatsApp message, in...
Arbeidsrecht Actueel 555
Security Guard who Seconded Himself as a Self-employed Person Did not Work under an Employment Contract
The agreements between two affiliated clients and a security guard were no employment contracts, given the security guard's freedom to either perform the agreed work or not to do so, and given the fact that he charged his security fee with an...
Arbeidsrecht Actueel 554
High Equitable Remuneration for Failure to Offer Suitable Work
For three years, an employer had refused to use the employee’s services in the own company during her labour incapacity, for reason that their employment relationship had allegedly unduly been disrupted. When the employment contract was finally...