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

Read the first court rulings on the Work and Security Act: the notification duty and probationary period in fixed-term contracts. More information can be found on our Work and Security Act News Page.

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.

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.

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).

​Arlette Putker acted for a care organization. Termination of an employment contract with a sick employee. Low severance payment because of frequent sickness absence.

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.

Liesbeth Franx acted for a hotel chain in connection with an application to terminate the employment contract. Employment years prior to bankruptcy not counted with A-factor, but adjusted via the C-factor.

​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.

Liesbeth Franx acted for a managing pharmacist. Employer allowed the dispute to escalate, C=1.5 instead of C=2 because the employee should easily be able to find new employment.