Reassigning an employee following a reorganization in the Netherlands requires more than simply forwarding job openings. An employer must actively investigate which positions might be suitable and provide guidance to the employee throughout the process. If the employer fails to do so adequately, the termination may be invalidated. This is evident from a recent ruling by the Midden-Nederland District Court.
When Can Dismissal Occur?
For a dismissal based on business reasons, there must be a structural reduction in jobs, for example, due to the termination of the business or business measures necessary for efficient operations. Where necessary, the employer must also apply the principle of proportional representation. Furthermore, the employer must investigate whether the employee can be reassigned within a reasonable period of time. It was precisely this last step that went wrong in this case.
Start with the Employee
The efforts expected of the employer depend on the specific situation. An employer is therefore well advised to identify the employee’s options and preferences early in the redeployment process. For example, in the redundancy notice, the employer can direct the employee to a job listings page or a job overview and ask them to indicate in advance which positions might be of interest. Those job openings can then be discussed during the redundancy or redeployment meeting.
During that meeting, the employer can further explore which job duties align with the...
Jared Kushner’s attorney says his legal team has formally put Vanity Fair and its parent company, Condé Nast, on notice over allegations about President Donald Trump’s son-in-law that the lawyer ch...