3.5.2010

Abuse of power and compensation in the event of - or after? - a termination during the notice period, Tijdschrift Arbeidsrechtpraktijk 2010, 3 and The Termination Judge, a compilation of the annual series from the Tijdschrift Arbeidsrechtpraktijk 2010, pp. 125 - 141

Abuse of power and compensation in the event of - or after? - a rescission during the notice period. Notes to Supreme Court December 11, 2009, LJN BJ9069, 09/02318 (Van Hooff Elektra/Oldenburg-Pekel).

The Supreme Court recently ruled that the Amsterdam Court of Appeal was right to rule that an employer had misused its powers by once again terminating an employee's employment contract irregularly after giving her regular notice. The second irregular termination was deliberately made by the employer in order to deprive the employee of the possibility of receiving compensation in a dissolution procedure she had initiated. The court also ruled on the question of whether it is possible for an employee to submit a request for dissolution during the notice period, the admissibility of the request for dissolution in question, and the rules applicable in that context for determining the 'severance pay'. This contribution will elaborate on the Supreme Court's considerations. Next, we will briefly consider the question of whether it is possible to make use twice of the permission granted by the UWV WERKbedrijf ("UWV").

Continue reading?

Download the entire article as a PDF

Also interesting