The Executives’ Pay (Standards) Act is extremely relevant to managing directors and supervisory directors working in the public or semi-public sector, such as healthcare, education, the arts (including museums), housing corporations and healthcare insurers. We have found that the Executives’ Pay (Standards) Act is giving rise to a great many questions. More information can be found in the summary and practical tips under “Current Affairs” on this website.Read more
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).
The new holiday legislation will take effect on 1 January 2012. In this article the authors reflect briefly on the reason for the legislative change and they list the content of the changes and the consequences thereof in practice, in particular, the introduction of the time limit.Read more
Arlette Putker acted for a care organization. Termination of an employment contract with a sick employee. Low severance payment because of frequent sickness absence.Read more
Investigation of an employee that is suspected of theft or fictitious sickness always leads to discussions about breach of privacy with respect to the employee involved.Read more
Investigation by an employer because of suspected misconduct on the part of the employee invariably leads to discussions on breach of privacy. If an employer suspects an employee of misconduct, the employer is entitled to perform an investigation and sometimes the proof is only ‘made tangible’ by engaging an investigation agency. Relying on the protection of privacy provides no alibi if there is manifest misconduct.Read more
Employers are entitled to engage a detective or an external investigation agency on suspected misconduct of employees. This article highlights the legal scope of such investigation and provides a checklist for employers.Read more
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.Read more
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.Read more