Legislator Case Law & Legislation
ECLI:NL:RBAMS:2016:2601 ECLI:NL:RBAMS:2016:2601 AI generated

Court orders employer to restore employment contract and pay salary difference for disabled worker.

Case Number ECLI:NL:RBAMS:2016:2601
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court ordered the foundation to restore the employment contract with the deaf-blind claimant, effective April 25, 2016, and to pay the net salary difference for the interruption period. The claimant argued the dismissal was unlawful due to incorrect financial assessment, while the foundation claimed economic reasons justified the termination. The judge found the dismissal invalid and granted restoration while accounting for the claimant's existing unemployment benefits to avoid double compensation.

Legislator headnote

AI generated

Articles 7:669 and 7:682 of the Civil Code; The court must order restoration of an employment contract if the dismissal was unlawful, ensuring the employee receives compensation for lost wages and benefits, while adjusting for any benefits already received to prevent unjust enrichment.

Keywords

AI generated
employment contract restoration unlawful dismissal disabled worker protection salary difference payment unjust enrichment adjustment civil code provisions provisional measures

Cited Legislation

AI generated
Article 7:682 paragraph 1 sub a of the Civil Code
Article 7:669 paragraph 3 sub a of the Civil Code
Article 7:682 paragraph 6 of the Civil Code
Article 7:673 paragraph 4 sub b and 5 of the Civil Code
artikel 7:682 lid 6 BW
artikel 7:673 BW
AI generated

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