No, not in principle, because a prohibition on dismissal applies during illness!<\/p>\n
Recently, however, the Utrecht District Court, Subdistrict Section, on 4 April 2024, and the Rotterdam District Court, Subdistrict Section, on 25 April 2024, ruled that the sick employee could nevertheless be dismissed.<\/p>\n
Both employees (coincidentally) work at a cleaning company and had called in sick. And despite repeated invitations for meetings and warnings about the possible consequences, both employees avoided contact with the employer.<\/p>\n
In Utrecht there was still some contact, but in Rotterdam neither the employer nor the company doctor could get in touch with the employee at all.<\/p>\n
Suspending the salary, and even a full stop in pay, also failed to get the employees to respond.<\/p>\n
The Utrecht employer then opted for summary dismissal. The Rotterdam employer opted for dissolution of the employment contract.<\/p>\n
And both were granted! Why?<\/p>\n
In Rotterdam, a prohibition on dismissal did indeed apply because of the illness, but the employee lost this dismissal protection because she refused to cooperate with reintegration and the employer had stopped paying her salary.<\/p>\n
In Utrecht, the subdistrict court rightly stated that it is settled case law of the Supreme Court that an employee’s failure to meet obligations relating to illness and reintegration does not, in itself, justify summary dismissal. However, in this specific case, given among other things the fact that there was no response whatsoever and that the employee had been warned about summary dismissal and had been given a final chance, the situation was serious enough to justify summary dismissal after all.<\/p>\n
Do you have a sick employee who is not cooperating with reintegration, or with whom you have lost contact? Contact the lawyers of The Legal Company, so that we can think along with you about an appropriate solution. Call us at 020 354 0152 or email info@thelegalcompany.nl<\/p>\n
Nothing changes as constantly as laws and regulations. Please note that our blogs may no longer align with current laws and regulations and may therefore be outdated. If you have questions or an issue relating to this blog, or would like legal assistance, please contact us.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" No, not in principle, because a prohibition on dismissal applies during illness! Recently, however, the Utrecht District Court, Subdistrict Section, on 4 April 2024, and the Rotterdam District Court, Subdistrict Section, on 25 April 2024, ruled that the sick employee could nevertheless be dismissed. Both employees (coincidentally) work at a cleaning company and had called […]<\/p>\n","protected":false},"author":2,"featured_media":23799,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"page_builder":"","iawp_total_views":0,"footnotes":"","_et_pb_custom_css":""},"categories":[201],"tags":[],"class_list":["post-29649","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-employment-law"],"acf":[],"_et_pb_custom_css":"","yoast_head":"\n