The mandatory dismissal, annotation to Health Care Arbitral Tribunal December 27, 2018, AR 2019-0065

Facts

In arbitral summary proceedings, the employee primarily requested that his employer (hereinafter: the foundation) be ordered to terminate the employment contract with him.

to give notice pursuant to Article 7:669 (3) (b) of the Civil Code. To this end, the foundation would, within two days of service of the arbitral award, file a

must submit a request to the UWV to be allowed to terminate the employee's employment contract. The purpose of the request is that the

employee can receive the transitional compensation of €144,659 gross. In the alternative, the employee requests that the foundation order a

enter into a termination agreement with him whereby the employment contract ends by mutual consent effective Dec. 24

2018 under award of said amount. All this, of course, under pressure of penalty payments. In support of its requests, the

employee that he has been disabled for almost three years and is now receiving IVA benefits. The employment relationship between the parties is fully

contentless and he expects to die soon. However, the foundation does not wish to terminate the employment contract. In the opinion

of the employee, however, the foundation has no interest in allowing the employment contract to continue.