Court declares termination unfair and awards 90% compensation for low-skilled employee with poor job prospects.
Legislator summary
AI generatedThe court declared the termination of a long-serving restaurant supervisor unfair and ordered the employer to pay €23,400 in damages. While the employer argued that poor business results forced the dismissal, the court found the employer failed to act in the best interests of a low-skilled worker with limited reintegration prospects. Consequently, the court awarded 90% of the calculated loss, excluding outplacement costs and prior salary arrears, while also ordering the employer to bear the litigation costs.
Legislator headnote
AI generatedWet arbeidsongeschiktheidswetgeving; Wet werk en inkomen naar arbeidsvermogen: Where an employer terminates a low-skilled employee with poor job prospects due to business difficulties, the court must weigh all circumstances and may award 90% of the calculated loss if the employer did not do all that could be expected of a good employer.