The termination of an employment relationship may have far-reaching consequences for employers and employees. The Dismissal team of Kennedy Van der Laan handles cases in the field of collective redundancies as well as individual dismissals.
In cases of individual dismissals, the Dismissal team represents employers and employees. The team gives advice on the various ways in which an employment contract can be terminated. Initially, an amicable solution is often looked for, mostly in the form of a contract of settlement. If the parties do not reach agreement, the team will guide the proceedings before the Subdistrict Court or the UWV (Employee Insurance Implementing Body). In all cases, the Dismissal team strives for an approach as effective as possible to prevent long-term and costly proceedings.
In the event of a collective redundancy as a consequence of a reorganization of an enterprise, the Dismissal team advises and guides clients, inter alia, in the selection of redundant employees, the consultations with the Works Council, the drafting of a Social Plan (whether or not in consultation with the trade unions) and the documents required for rescission proceedings. The team also assists clients in taking the right steps at the right times and advises them on the communication with their employees.
Chambers Europe 2017 – Employment – Band 3
What the team is known for Has a distinguished national reputation for its representation of clients in the area of employee participation on behalf of both employers and works councils. Other areas of strength include privacy and governance matters. Boasts particular sector expertise in the technology and healthcare sectors.
Strengths Clients praise the team’s coordination and expertise, stating: “They have good collaboration, are quick to respond and have an in-depth understanding.”
Interviewees also appreciate the firm’s supportive approach to client service: “The whole team is very flexible and eager to assist each other on matters which are not directly related to the expertise of the lawyer who is handling the case.”
Work highlights Represented Turien & Co in negotiations with the trade union and works council following a reorganisation impacting 150 employees.
Acted for UWV on its employment law work including advising on a number of dismissals and amendments to internal policies.
Significant clients Microsoft, Nike, Liberty Global, PepsiCo, Ziggo.
Eva Knipschild advances in the rankings following excellent feedback from sources. Peers remark that she is “very impressive” while clients highlight her keen “eye for timetable and political issues.” She recently assisted Martinair Holland with all of its employment and co-governance work, including dealings with works councils and trade unions, reorganisations and dismissals.
Clients describe Chris Nekeman as “quick to respond with good technical knowledge.” He is well known for assisting individuals, businesses and works councils with employment law litigation. A highlight was his representation of Rabobank in litigation regarding a number of dismissals.
Chambers Europe 2016 – Employment – Band 3
What the team is known for Experienced in employee participation issues, advising both employers and works councils. Also strong in matters relating to governance and flexible workforces. Notable for a strong sector focus in technology and healthcare, representing numerous hospitals.
Strengths (Quotes mainly from clients)
“I have a very good opinion of the firm. Its value for money is amazing, the lawyers are very responsive and their work is excellent because you get what you need, on time.”
“The lawyers maintain the young and bold energy the firm stands for. They are highly qualified and the partners are very distinguished lawyers.”
What’s new? Exact Software and Rabobank are new clients.
Work highlights Advised UWV on union and works council issues, internal policies and several dismissals.
Assisted IBM’s Central Works Council with employee participation issues and privacy matters.
Eva Knipschild is an expert in flexible workforces, including matters related to freelance and on-call workers. Clients say she is “quick at responding, very on target with her support and advice and very strategic.” She acted for Martinair on a range of matters, including dismissal cases and negotiating with works council and trade unions.
Department head Chris Nekeman specialises in co-determination advising both employers and works councils. A client enthuses: “He is one of a kind and always delivers. He is a brilliant man and an outstanding organiser.”
Significant clients Liberty Global, Microsoft, Nike, PepsiCo, Reed Business/Elsevier.
Legal 500 EMEA 2017 – Mediation – Tier 1
Kennedy Van der Laan’s Eva Knipschild has a strong track record in mediation, particularly in employment disputes.
Legal 500 EMEA 2016 – Mediation – Tier 1
Kennedy Van der Laan maintains an active mediation practice, with a strong track record in employment-related disputes. Eva Knipschild is a registered mediator with the Mediators Federation Netherlands (MFN).
Legal 500 EMEA 2017 – Employment – Tier 2
Chris Nekeman leads Kennedy Van der Laan’s team, which is praised for its ‘international focus’; clients include Microsoft and Nike. The practice is particularly adept in trade union negotiations, employee participation matters and outsourcing. Eva Knipschild is ‘extremely reliable, responsive and client-focused’.
Legal 500 EMEA 2016 – Employment – Tier 3
Practice head Chris Nekeman of Kennedy Van der Laan represented UWV in various dismissal cases, as well as in dealing with labour unions and works councils. The department also advised Spaarne Gasthuis, VLM, Nike and Rochdale. Eva Knipschild is praised for her ‘strong international focus’ and ‘reliable, comprehensive advice’.
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The Legal 500 has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...13 april 2017
Chambers and Partners has published its rankings for 2017. On the basis of annual extensive research on the market and among clients, Chambers and...13 april 2017
In the past months, the judgment of the Supreme Court in the StiPP has been anxiously awaited. A discussion has been going on for a long time about...09 november 2016
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Today, it was announced that Kennedy Van der Laan has been nominated for The Lawyer Business Leadership Awards 2016. With its ‘Alliance Community...27 june 2016
On 25 April, the Court of Appeal Arnhem-Leeuwarden rendered a judgment showing that great efforts are expected of employers to prevent a damaged...22 june 2016
On 5 April 2016 the Court of Appeal of ’s-Hertogenbosch ruled that an employer has to take the initiative to normalize the working relationship in...09 june 2016
On 15 February, Jessica Dietz started at Kennedy Van der Laan as an employment law attorney. On 1 March, Jelle Blom will join the Commercial Team to...23 february 2016
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As of 1 July 2015, the law will grant each employee who has been employed for at least 24 months a transition payment when the employment agreement...29 september 2015
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Employers are obliged to inform an employee on a fixed-term contract about his future in good time. If they fail to do this, they will be fined....26 august 2015
Section 7:671 of the Dutch Civil Code ('DCC') provides that an employer cannot terminate an employment agreement with legal effect without the...30 may 2015
Since the entry into force of the Work and Security Act (“WWZ”), summary dismissal remains possible, albeit with a few changes. Urgent Reason A...30 may 2015
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1.1. Former termination fee regime Under former law, the amount of a termination fee largely depended on the route of dismissal chosen. When...30 may 2015
The consent of the UWV (the Employee Insurance Agency) is required to terminate an employment agreement either on commercial grounds or on grounds of...30 may 2015
Since the entry into force of the Work and Security Act (“WWZ”), the normal rules will continue to apply to older employees until they have...30 may 2015
The employer can only terminate the employment agreement if there is a reasonable ground to do so and re-employment of the employee into a different...30 may 2015
Am 10. Juni 2014 hat das niederländische Parlament das Gesetz Arbeit und Sicherheit (niederländisch: Wet werk en zekerheid (WWZ)) angenommen. Das...08 july 2014
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After the formation of the Coalition Agreement, we published the newsletter article ‘Dismissal Law Turned Topsy-Turvy; What Should You Know?’...13 may 2013
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Adieu Nachgründung: What Now? Important Transitional Arrangements Within the Scope of the New Flex–Wet
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Court of Groningen 11 June 2012, LJN BY2140 The Facts An employee worked as an intermediary at Flexjob. On 17 April 2012, after a dispute with her...11 january 2013
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Supreme Court, 24 February 2012, LJN: BU8512 The Facts On 10 May 2005, an employer and an employee, who has American citizenship, concluded an...26 april 2012
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On 1 March 2012 the Collective Redundancy Notification Act (Wet Melding Collective Ontslag, "WMCO") will be amended. What changes does this...31 january 2012
Palomo Sanchez and others/Spain There have been proceedings between a Spanish company and four of its employees about the question of whether...06 december 2011
Court of Appeal of Amsterdam (Enterprise Section), LJN: BR3116 The Facts An employer experiences negative effects from various developments on the...30 september 2011
Dutch Supreme Court, 8 April 2011, LJN BP4804 Until recently, the starting point for proceedings concerning manifestly unreasonable dismissal was...26 july 2011
Discussion of the bill to amend the Collective Redundancy Notification Act in connection with the extension of the scope and to promote compliance...27 may 2011
Subdistrict Court of Maastricht, 21 February 2011, LJN: BP 5184 The Facts An employee was sentenced to five years’ imprisonment for offenses...28 march 2011
Clece, a company that supplies cleaning services, cleaned the schools and premises belonging to the council on the instruction of the Ayuntamiento de...28 march 2011
Judgment of the Supreme Court, 17 December 2010, LJN: BO1821 Summary Dismissal When an employee is summarily dismissed, this means in fact that his...27 january 2011
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Subdistrict Court of Wageningen, 8 September 2010, LJN BN8266, JAR 2010/264 Since 2008 an employer in the dairy industry was confronted with a...03 december 2010
Court of Appeal of Leeuwarden, 13 April 2010, LJN BM8411 Legal Framework Article 4:5 of the Dismissals Decree provides that if the UWV Werkbedrijf...16 july 2010
A discussion of the judgment of the Subdistrict Court of Amsterdam, JAR 2009/275 Dismissal Because of Transfer of Undertaking If there is a...28 may 2010
A discussion of the judgment of the Dutch Supreme Court of 27 November 2009, LJ BJ6596 Determining Compensation in Cases of Manifestly Unreasonable...26 january 2010
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