The employee broke her wrist in an accident and stopped coming to work. The employer stopped paying her wages. A doctor then certified that she was unfit for work. The employer gave notice to terminate the employment contract, but the termination was never carried through. The company doctor later found she was able to perform suitable work. The employer called on her to report for work. She did not respond. She wanted her unpaid wages settled first and brought a wage claim. The subdistrict court granted the wage claim, and the Court of Appeal agreed with that ruling.
No pay, no reintegration duties?
The case then reached the Supreme Court. The central question was whether a sick employee may suspend reintegration obligations if the employer does not pay, or has not paid, the wages owed during illness.
The Supreme Court ruled that an employee is entitled to suspend compliance with reintegration obligations if the employer fails to meet its duty to continue paying wages during illness. This also applies where the unpaid wages relate to wage periods that have already passed.
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
