Netherlands

The help, support and guidance that can be expected from the employer in a specific case, in order to improve the employee’s performance, as well as the way in which all this must be laid down, depends on the circumstances of the case. The Court added to this that the employee, considering the level of her position and her work experience, could herself have shown insight into her improvement areas and could have made it known, which specific measures or courses she needed in order to improve her performance, and her failure to do so, led to her termination due to inadequate performance

Last year, the Dutch Supreme Court pronounced a large number of rulings in the field of the Work and Security Act (Wet werk en zekerheid). Therefore, a large part of this Chronicle deals with those decisions. The items discussed include rulings on the grounds for dismissal, the transition allowance and the fair compensation, the obligation to pay wages after immediate dismissal and a number of procedural aspects. Furthermore, attention will be paid to case law on #metoo and the rulings of the European Court of Justice on the lapse of holidays. Finally, we will discuss a number of relevant developments in laws and regulations

In calculating the level of fair compensation, the court must however take account of the fact that the fair compensation is funded out of public funds