Labour Law Topics
Arbeidsrecht Actueel 487
Summary Dismissal Three and a Half Months after Suspension is still “without Delay”
The Sub-district Court ruled that a summary dismissal that was given more than three and a half months after a suspension was still “without delay”, because a careful investigation into the urgent reason for the summary dismissal had to be...
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...
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...
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...
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...
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...