Legal advice: Dismissal sooner in sight
Teacher Gijs is regularly late and does not function optimally according to his supervisor. The current law still protects him against dismissal, but that may be different from 2020.
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Gijs works as a teacher in secondary education. He has been approached a few times by his manager about his performance and an improvement process has recently been started.
He also regularly arrives late for work. Last year he was reprimanded in writing for that reason. These developments have put pressure on the relationship with his employer. Gijs does not agree with the way his manager communicates and is considering calling in sick.
Situations such as Gijs's are regularly submitted to the legal service of the AOb. Usually members are advised to show willingness. Gijs must also do his best to improve his functioning. When mediation is addressed, he must cooperate.
Ground for dismissal
According to current law, the employer must sufficiently demonstrate that there is a ground for dismissal before the court can dissolve the employment contract. All the requirements of a ground for dismissal must be met and in legal terms this means that a ground for dismissal must be 'full term'. This scheme applies to employees who are not civil servants. In the case of Gijs, this is not yet the case. The improvement trajectory has to be completed first and has none mediation occurred. Dismissal due to dysfunction or a disrupted employment relationship is therefore not yet lurking.
New law
But the legislator plans to introduce the Balanced Labor Market Act. As a result, several regulations in employment law will change from 1 January 2020. One of those changes is the introduction of a so-called cumulation ground. A combination of unsatisfactory grounds for dismissal, as is the case with Gijs, can therefore lead to dismissal. In that case, the court can award compensation of up to half of the transition compensation. This is often not a large amount for employees with a short employment contract.
Employees like Gijs must therefore be even more careful in the future. They run the risk at an earlier stage that the employer will successfully submit a dissolution request to the subdistrict court. This also has consequences for any settlement negotiations if dismissal is imminent. The employer's negotiating position is likely to be more favorable. The legal service of the AOb reminds members of this and, if necessary, assists them in proceedings or during negotiations.
This section is based on practical experience of AOblawyers who AObassist members with legal issues. Read more about membership via this link.
