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.