Good afternoon
We would like to keep you informed of the latest developments. Our colleague Camillia de Weerd was sworn in as a lawyer on Friday 3 April. We are very happy with this reinforcement of our team of lawyers! In addition, we inform you below about some recent developments in employment law.
Employee summarily dismissed for assaulting a colleague outside working hours
An employee who hit a colleague in a company car outside working hours after an incident that got out of hand was rightly summarily dismissed. According to the Subdistrict Court, private conduct can also constitute an urgent reason, especially if it leads to unrest in the workplace and reputational damage. Physical violence against a colleague weighs heavily and justifies immediate dismissal, even in the event of mutual escalation. Moreover, the employer acted carefully and quickly enough. The employee is left empty-handed: no wages, no compensation and even compensation to the employer.
Read more: Click here.
From temporary worker to permanent employee through long-term hiring
According to the court, a temporary worker who worked at Albert Heijn for more than seven years actually turns out to be a permanent employee. The long-term deployment was not ’temporary’ work but structural work. The termination of the hiring is invalid: Albert Heijn must take back the employee and pay overdue wages. A clear message for employers, namely that using temporary workers for permanent work for years entails major risks.
Read more: Click here.
Violation of the obligation to report justifies instant dismissal
The employee who concealed a relationship between her underage daughter and a colleague was rightly dismissed with immediate effect. According to the Court of Appeal, she should have reported this immediately, since the employee did not do so and continued to cooperate with the colleague, she acted in violation of the duty to report. The dismissal is upheld and she must repay the compensation received.
Read more: Click here.
Requalification of self-employed persons contract to employment contract and consequences for wages and allowances
According to the Court of Appeal, a self-employed person who did security work through his sole proprietorship turns out to be an employee. Despite the contract for services, he actually worked under authority and as part of the organization.
The Supreme Court upheld this judgment. Nevertheless, the employee does not receive any collective labor agreement allowances and a wage sanction is moderated.
Read more: Click here.
If you have any questions about the above, we are happy to help you. Contact us at mail@sorensenadvocaten.nl or call 010 – 249 24 44.
