Legal advice: Voidable dismissal
It is not allowed to fire a teacher without a dismissal permit, but as an employee you must take action against it in time.
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Merel is a teacher at a primary school in the province of Utrecht. It's only been two years, but things are going well and she's having a great time.
The teacher enjoys her work and has always received positive assessments from her employer. She is therefore stunned when her director informs Hans shortly before the May holidays that he intends to fire her. Even before she has recovered from this, the board appears to have already made an announcement to her colleagues and the parents. 'The board is sorry to have to let you know that Merel will be leaving from next school year. We wish her every success for the future.'
Formation
Merel first addresses her director, who suddenly realizes that the announcement does indeed raise questions. That is why he adds 'to avoid misunderstanding' to his earlier statement that Merel's resignation is due to a lack of formation. This is also stated in the letter of resignation that Merel receives shortly afterwards. She does not give up and turns to the legal department of the AOb.
A lawyer asks Merel what exactly is going on. But Merel doesn't know that. However, it soon becomes clear that her employer has overlooked something: since the introduction of the Work and Security Act, it is also necessary in special education to apply for a dismissal permit from the UWV in the event of redundancy. That license does not exist.
If there is no dismissal permit, the dismissal is not immediately null and void. It's just valid. It is no longer sufficient to let the employer know that you do not agree with the dismissal. You must inform the sub-district court within two months of the letter of dismissal that you do not agree with the dismissal and also why. If you do not do this or not on time, the dismissal will be final after two months.
Preference
It is the legal service's preference not to initiate proceedings if this can be prevented. In this case it was clear in advance that the employer had forgotten to apply for a dismissal permit and that the subdistrict court would annul the dismissal. It initially seemed impossible to contact the employer, but shortly before the hearing, Merel's employer contacted the legal department.
He acknowledges that he did indeed make a mistake and that the dismissal should not have been granted. In addition, Merel should also receive a transition payment. That is why the parties agree to restore the employment relationship, but also to part ways at a later date, because the problem with the formation is serious. Merel expects to find another job without any problems and agrees with this solution.
This section is based on practical experience of AOb-lawyers. Merel is a member of the AOb and therefore received legal assistance. Become a member of the AOb? Read more via this link.
