On 29 May 2020, the District Court Oost-Brabant ruled that a falconer was entitled to pay, even though he could not work due to the coronavirus crisis.
The employee had worked as a falconer for the employer in 2018 and 2019. The parties had expressed a wish to continue their collaboration. On 30 January 2020, the employer sent the employee a signed employment contract stating he would work from 1 January 2020 through 31 December 2020, that his salary would be EUR 21,000 net per year, and that this amount would be spread over twelve months (EUR 1,750 per month). In January and February 2020, the employer paid the employee EUR 1,750, and on 1 May 2020 a further EUR 3,500. After that, the employer paid him nothing more. Between 1 January 2020 and 18 May 2020, the employee did not work due to the coronavirus crisis. He sought payment of salary and the statutory wage-delay surcharge in summary injunction proceedings. The employer argued that no employment contract had come into existence.
The subdistrict court ruled that an employment contract had come into existence between the parties. That the employee had not accepted the employment contract in writing does not change this. It was established that, at the end of the 2019 season, the parties had expressed a wish to continue their collaboration in 2020, that the employee’s pay would be spread over twelve months, and that the employer had in fact made three payments. Nor had the employer made any reservation towards the employee. It is plausible that, at some point, the parties reached (oral) agreement on a fixed-term employment contract until 31 December 2020, at a salary of EUR 1,750 net per month. The employee is entitled to pay. That he was unable to carry out his duties does not fall within his own risk – he was, after all, available for work. The subdistrict court granted the employee’s wage claim and the 10% statutory surcharge.
For the full ruling, click here (in Dutch).
Questions about the above? Please contact one of Sørensen Advocaten’s employment lawyers. Call: +31 (0)10-2492444
