Labour Law Topics
Arbeidsrecht Actueel 534
Threatening the Employer, no Reason for Summary Dismissal
A labour incapacitated employee who had threatened his employer could not summarily be dismissed because the threat arose from the employee's illness. An employee who worked for a wholesaler in building materials dropped out for work in May 2022....
Arbeidsrecht Actueel 533
Pizzeria is Liable for Damage following a Road Accident, Caused by Independent Pizza Deliverer
A pizzeria was liable for the damage suffered by a pizza deliverer who had bumped into a tree with the pizzeria's car. The fact that there was no employment contract between the pizzeria and the pizza deliverer was irrelevant. An 18-year-old pizza...
Arbeidsrecht Actueel 532
Temporary Agency Employee Seeks Redress for Agency’s Outstanding Wages
A temporary agency employee tried to hold the hirer liable for payment of the outstanding remuneration the temporary employment agency had failed to pay, but only a small part of the claim was granted. In three different periods between 2014 and...
Arbeidsrecht Actueel 531
Employer Remains Responsible for Occupational Physician’s Advice
The UWV was allowed to hold the employer responsible for the correctness of the occupational physician's conclusion of an employee's capacity, even though the employer had no reason to doubt the UWV conclusion. Yet, the wage sanction the UWV had...
Arbeidsrecht Actueel 530
When Is a Part Timer Entitled to Overtime Allowance?
There is a prohibited discrimination between full timers and part timers if the number of hours to be worked in order to qualify for an overtime allowance is the same for full timers and part timers. Since 2001, a German airline employed a pilot...
Arbeidsrecht Actueel 529
Discontinuation of On-call employee Calls Rather Costly
After an employment dispute with an on-call employee a company decided to discontinue calling-upon the on-call employee. This decision turned out to be very costly for the employer: the on-call employee did not leave it at that, and successfully...