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21 June 2019 

The Supreme Court gives points of view for the improvement process

In the Ecofys decision of 14 June 2019, the Supreme Court provides points of view for the improvement process. In the event of dismissal due to non-performance, the employer must enable the employee to improve his or her performance before dismissal can take place.

In the Ecofys decision the Supreme Court ruled on the question to what extent the employer must enable the employee to improve his or her performance before he or she can be dismissed.

The Supreme Court points out that the law does not stipulate how the employer must have given the employee the opportunity to improve his or her performance.

According to the Supreme Court, the employer must have given the employee serious and real opportunity to improve his or her performance. The Supreme Court deduces this from the far-reaching consequences that a dissolution on the grounds of non-performance can have for an employee and the requirements of being a good employer.

In the Supreme Court’s opinion, what help, support and guidance may be expected from the employer in a specific case as part of a process of improvement depends on the circumstances of the case. According to the Supreme Court, the way in which this should be laid down also depends on the circumstances of the case.

The Supreme Court states what points of view may play a role in this respect. According to the Supreme Court, these are:

  • the nature of the position;
  • the content of the position;
  • the level of the position;
  • the training received by the employee;
  • the employee’s experience;
  • the nature of the non-performance;
  • the degree of non-performance;
  • the duration of the non-performance from the moment the employee is informed of it;
  • the duration of the employment contract;
  • what has already been done in the past to improve the non-performance;
  • the extent to which the employee is open to criticism;
  • the degree to which the employee is committed to improvement;
  • the nature of the employer’s business.
  • the size of the employer’s company.

Personal assistance

Are you an employer and would you like to know what help, support and guidance you should give to an employee who, in your opinion, does not perform well? Call me on 010-2600088 for a free intake interview or leave your contact details using the contact form below, so I can contact you by phone for a free intake interview.

Are you an employee and are you involved in a process of improvement or has your employer let you know that they want to fire you because of non-performance and are you wondering if your employer is doing the right thing? Call me on 010-2600088 for a free intake interview or leave your contact details using the contact form below, so I can contact you by phone for a free intake interview.

 

About the author
Ilma van Aalst started working as a Dutch employment law attorney at the beginning of 2000 and thus works as a Dutch employment law attorney for more than 19 years now. Ilma first worked as a Dutch employment law attorney for more than ten years at Poelmann van den Broek in Nijmegen and Eversheds Sutherland in Rotterdam. In 2010, Ilma started 7 Laws of Persuasion. Since 2007, Ilma has been a member of the Dutch Employment Attorneys Association (Vereniging Arbeidsrecht Advocaten Nederland, VAAN), the association that received the quality mark logo for employment law specialists from the Dutch Bar Association. Since the beginning of 2016, she has been an intervision moderator recognised by the VAAN. She is also a member of the Rotterdam Employment Attorneys Association. In addition to her work as a Dutch employment law attorney, Ilma has also been working as a Dutch employment law lecturer since 2008.
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