Case law

Pension Benefits: Employer’s Duty of Care

14/07 2017
Category Case law

An employer has a duty of care and to inform about pension benefits. On March 27, 2017, the Amsterdam court addresses the scope of this duty of care. This duty does not include an obligation for the employer to actively inform employees about individual consequences of their pension choices.

https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBAMS:2017:2068

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Specialist area

Sideline activities

12/12 2013
Category Case law

Arlette Putker acted for an organization involved in research, innovation and training oriented to developing, raising and treating children and youths. A member of the management team failed to inform the employer of the large-scale sideline activities being carried out during working hours. Termination for urgent cause.

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Purpose of redundancy package

05/06 2012
Category Case law

Bartje Schaberg acted for an international company in the throes of a reorganization; within this framework a redundancy package was agreed with the trade unions. According to the ruling given by the Court of Appeal the purpose of a redundancy package is to mitigate the consequences of dismissal and not to guarantee a certain level of income.

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Change of position / demotion

22/02 2012
Category Case law

Arlette Putker acted for an orchestra. Job change / demotion.
The claim instituted by the employee to be reinstated in his leading position in the orchestra is dismissed. The employer is entitled to demote the employee under the circumstances of the case (case of inadequate performance).

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Termination of employment agreement lawyer on account of romantic relationship with rival.

27/09 2010
Category Case law

Arlette Putker acted for an internationally operating legal and notarial firm. Termination of the employment agreement was allowed because of the romantic relationship with the founder and senior partner of a rival legal office.

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Termination employment contract after two years sickness.

28/05 2009
Category Case law

​Arlette Putker acted for an orchestra. Application made to terminate employment contract after two years of sickness. Comparable review as in the 681 proceedings. No compensation despite 27 years of service.

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