Labour Law Topics
Arbeidsrecht Actueel 460
Dismissed Partner of Large Accountancy Firm was not Entitled to Employment Protection
disappointing performance, the accountancy firm “dismissed” him as a partner. The Sub-district Court and the Court of Appeal did not agree with the defence that, in fact, there still was an employment contract. In 2006, an employee joined a...
Arbeidsrecht Actueel 459
Pre-arranged Dissolution Terminates Employment Contract during Wage Penalty
During the period in which the UWV had imposed a wage penalty on the employer, the employment contract with a sick employee was terminated by means of a dissolution procedure before the Sub-district Court that had been “pre-cooked” by the...
Arbeidsrecht Actueel 458
Employee who Received Sickness Benefit from Self-Insurer Wrongly Lodged a Wage Claim to the Sub-district Court
An employee who was ill after his his employment contract had expired, was entitled to a Sickness Benefit. Since the employer was a self-insurer under the Sickness Benefit Act, it was the employer who had to pay this benefit. The employee who...
Arbeidsrecht Actueel 457
Dismissed for Failure to Comply with the Employer’s Covid Rules
After a very successful thirty-year employment contract, an employee was dismissed for his failure to comply with the Covid rules, laid down by the employer. An appeal to his right to free expression was of no avail to the employee who, as a matter...
Arbeidsrecht Actueel 456
Consequences of Employee’s Transfer Refusal in Transfer of Undertaking
The employment contract of an employee who had refused to transfer to the new employer due to the adverse consequences of the transfer of the undertaking was terminated by operation of law. Yet, the employee was entitled to compensation for the...
Arbeidsrecht Actueel 455
Summary Dismissal for Working for Another Employer during Illness
An employee who had concealed from her employer and from the occupational physician that she had a second job and that she had performed reintegration activities for this second job during her labour incapacity, was summarily dismissed on the right...