ECLI:NL:RBAMS:2015:355
ECLI:NL:RBAMS:2015:355
AI generated
Court awards one month's salary for irregular termination due to failed proof of timely notice delivery.
Netherlands (NL)
Legislator summary
AI generatedThe court awarded the plaintiff one month's salary plus vacation allowance for irregular termination because the defendant failed to prove the termination notice was delivered on time. While the plaintiff's claim for full damages was dismissed due to the employer's good faith conduct, the procedural defect in notice delivery was confirmed. Consequently, the plaintiff was ordered to pay the defendant's legal costs.
Legislator headnote
AI generatedArt. 7:672 BW; Art. 7:680 BW jo. Art. 7:677 lid 4 BW: Where an employer fails to prove timely delivery of termination notice, the employee is entitled to damages for irregular termination, but the court may consider the employer's good faith conduct when assessing the amount.
Keywords
AI generated
irregular termination
notice delivery
burden of proof
good faith
vacation allowance
labor contract
damages calculation
Cited Legislation
AI generatedArt. 7:672 BW
Art. 7:680 BW
Art. 7:677 lid 4 BW
artikel 7:681 BW
artikel 7:680 BW
artikel 7:677 lid 4 BW
Cited Case Law
AI generatedNJ 1987/904
Related Decisions
AI generatedECLI:NL:RBDOR:2012:BV7935
Employment contract termination deemed not clearly unreasonable; employee's claim dismissed due to business necessity.
ECLI:NL:RBOVE:2016:674
Court dismisses employee's request to lift seizure of assets and orders him to pay costs.
ECLI:NL:RBHAA:2012:BY3217
Court dismisses unfair dismissal claim where employer's financial survival outweighs employee's severe consequences.
ECLI:NL:RBMNE:2013:7655
Court orders employer to pay €1,000 damages for unfair dismissal of 62-year-old saleswoman due to business decline.
ECLI:NL:RBZWB:2019:1696
Court dismisses termination claim for unfair dismissal but orders termination and severance payment.