Legislator Case Law & Legislation
ECLI:NL:RBAMS:2012:BY4205 ECLI:NL:RBAMS:2012:BY4205 AI generated

Court declares termination unfair and awards 90% compensation for low-skilled employee with poor job prospects.

Case Number ECLI:NL:RBAMS:2012:BY4205
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Wet 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.

Keywords

AI generated
unfair dismissal compensation low-skilled employee protection business failure termination reintegration prospects assessment employer good faith duty labor market perspective disability act application

Cited Legislation

AI generated
Wet arbeidsongeschiktheidswetgeving
Wet werk en inkomen naar arbeidsvermogen
AI generated

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