AMSTERDAM – It always seems like a relatively cheap way for employers to get rid of staff: terminating the employment contract via the UWV WERKbedrijf instead of dissolving the employment contract via the subdistrict court. In the case of the latter, the subdistrict court must take into account the awarding of a severance payment.
After the termination of the employment contract, however, the employee can initiate manifestly unfair dismissal proceedings and request compensation therein. It has recently become clear that the court can also take into account the employee's reduced employability, if any. Diminished employability of the employee can be imputed to the employer, as he should be mindful of his employee's development during the employment.
A recent dismissal case involved the one-sidedness of an employee's work experience. The employee had been dismissed through a dismissal permit. However, the employee went to court as he believed there was manifestly unreasonable dismissal. He had only gained work experience in the supermarket industry, which meant that dismissal would unreasonably harm the employee.
The judge noted that the one-sidedness of the work experience can be a factor in the question of whether dismissal is manifestly unreasonable. If, at the time of termination, it is expected that the employee – for example, because of one-sided work experience and education – will be unemployed for longer than average and the employer does not provide compensation for this (such as outplacement) offers, that termination may be manifestly unreasonable.
Reduced employability of the employee can also be attributed to the employer, as he can be expected to be mindful of his employee's development. In the case itself, there was no manifestly unreasonable dismissal because various provisions had been made for the employee, including a supplementary allowance and outplacement assistance. An employee could then, for example, through a career reorientation embarking on a new career path.
Employers must therefore take into account the (degree of) employability of the employee both during the employment relationship and in the context of its termination. If there is a long-term absence, reintegration comes into play. Do you want to know What is reintegration second track? Then click on this link.
