A dispute arose within the management team of childcare organisation KinderRijk due to internal reports of disrespectful and unacceptable behaviour on the part of the manager and several other management team members. An external management consultant conducted an investigation into these allegations, which included, among other things, “elements that...
COVID-19 justifies rent reduction. And salary reductions too?
The District Court of The Hague recently ruled that, because it is an unforeseen circumstance, the coronavirus crisis has caused a fundamental imbalance in a lease agreement between a restaurant owner and the lessor. The court found that this imbalance justifies a reduction in the rent. The court based...
Reassignment doesn’t necessitate job creation
Apart from summary dismissal situations, an employment contract can only be terminated on the employer’s initiative (i) if the employer has reasonable grounds for doing so, and (ii) if reassigning the employee within a reasonable timeframe is impossible or impractical. In other words, this is a dual requirement. It...
Court gags employee who refuses to wear a mask
A deliveryman for a confectionery chain who was suspended because he repeatedly refused to wear a mask is not entitled to his salary, the District Court of Utrecht ruled last week. What was the issue? Despite his employer giving him explicit instructions, the deliveryman refused to wear a mask...