Legislator Case Law & Legislation
ECLI:NL:RBAMS:2016:1040 ECLI:NL:RBAMS:2016:1040 AI generated

Court orders severance pay despite employer's UWV permission to terminate due to long-term disability.

Case Number ECLI:NL:RBAMS:2016:1040
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Articles 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.

Keywords

AI generated
statutory severance allowance long-term disability UWV termination permission disability pension transitional regulations WWZ collective agreement redelijkheid en billijkheid

Cited Legislation

AI generated
Article 6:219 of the Civil Code
Article 6:220 of the Civil Code
Article 2 of the Buitengewoon Besluit Arbeidsverhoudingen 1945
Article 7:673 of the Civil Code
The Transitional Regulations WWZ
artikel 7:673 lid 1 Burgerlijk Wetboek
AI generated

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