ECLI:NL:RBROE:2005:AS4792
ECLI:NL:RBROE:2005:AS4792
AI generated
Court allows appeal against WAO wage penalty due to employer's failure to notify within restoration period.
Legislator summary
AI generatedThe court declared the employer's appeal against the Social Insurance Agency's wage penalty decisions admissible and granted the employee's appeal. The employer had failed to inform the employee of the penalty before the statutory restoration period expired, violating the principle of legal certainty. Consequently, the court ordered the agency to revoke the penalties and reconsider the case, while awarding the employee legal costs.
Legislator headnote
AI generatedArt. 71a WAO; Art. 8:70, 8:72, 8:74, 8:75 Awb: Failure to notify a wage penalty before the restoration period expires violates legal certainty, requiring the agency to revoke the penalty and reconsider the case.
Keywords
AI generated
WAO wage penalty
restoration period
legal certainty
administrative appeal
Social Insurance Agency
Cited Legislation
AI generatedArt. 71a WAO
Art. 8:26 Awb
Art. 8:32 Awb
Art. 8:70 Awb
Art. 8:72 Awb
Art. 8:74 Awb
Art. 8:75 Awb
artikel 8:75 van de Awb