Court orders severance pay despite employer's UWV permission to terminate due to long-term disability.
Legislator summary
AI generatedThe court ordered the employer to pay a severance allowance of €47,360.87 to the teacher who was fully disabled and received an IVA benefit. The employer argued that a collective agreement provided a disability pension, which should preclude severance pay under the transitional regulations. The court rejected this, noting the pension was for disability, not termination, and that the employer's mistake in seeking UWV permission did not justify denying the statutory severance allowance.
Legislator headnote
AI generatedArticles 6:219 and 6:220 of the Civil Code; The employer is liable for a statutory severance allowance upon termination due to long-term disability, even if a collective agreement provides a disability pension, as the latter is not a substitute for the statutory allowance.