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 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 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 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’.
Chambers Europe 2015 – Employment – Band 2
What the team is known for Renowned employment practice advising on standalone works council issues, dismissals and non-compete agreements, while also supporting clients in transaction-related matters, such as reorganisations. Active in a wide range of sectors, notably healthcare and technology.
Strengths (Quotes mainly from clients)
“I am impressed by the lawyers – they are fresh and modern.”
“The team has a good balance of the legal and practical approach.”
Work highlights Assisted Reed Business with works council consultation, transfer of employees, dismissals and privacy matters.
Advised NS on all employment matters, including dismissals, discrimination cases, drafting of internal policies and negotiations with the works council and trade unions.
Inge De Laat “is highly experienced, to-the-point and responsive.” She focuses on employment-related privacy and healthcare law, and recently advised VLM Airlines on dismissals and works council and unions strategy.
Eva Knipschild is praised for being “really hands-on,” with “a knowledgeable attitude to complicated cases.” Clients further value her intelligence and creativity. Knipschild’s particular area of focus is mediation and the employment aspects of a flexible workforce.
Department head Chris Nekeman is valued for his pragmatism and deal-making ability. His experience with a versatile clientele is appreciated by interviewees, who say:“He doesn’t just work for employers, but employees and works councils as well. He knows all sides.”
Significant clients Liberty Global, Martinair, Microsoft, Nike, Port of Amsterdam.
Legal 500 EMEA 2015 – Mediation – Tier 1
Within Mediation , Kennedy Van der Laan is a first tier firm, Kennedy Van der Laan is particularly active in mediation in employment-related disputes, although real estate and shareholders’ disputes also feature. Eva Knipschild is a registered mediator.
Legal 500 EMEA 2015 – Employment – Tier 3
Within Employment, Kennedy Van der Laan is a third tier firm, Kennedy Van der Laan’s expertise takes in discrimination, dismissals, employee transfer and reorganisations. Chris Nekeman heads the team, which includes recommended partners Inge de Laat* and Eva Knipschild and associate Marjolein Westerbeek.
*Inge de Laat is longer working for Kennedy Van der Laan.
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
Can employers, deliberately or not, use an incorrect notice period to circumvent the transition fee? In the event of dismissal of an employee who...03 october 2016
The first objective from the Jobs Deal and Work-Disabled Persons Quota Act ('Jobs Deal Act') has been achieved. As a result, the quota regime for...30 august 2016
If a company goes bankrupt, the receiver may decide to sell the company. Pursuant to the Dutch Works Councils Act (Wet op de ondernemingsraden,...17 august 2016
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
Previously, we have informed you about the consequences of the Work and Security Act for the position of employees who have reached state retirement...27 november 2015
Under the Work and Security Act (“WWZ”) that entered into effect on 1 July 2015, an employee can now only be dismissed if he cannot be...27 november 2015
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
This month the employment law attorney Ard Wallast started at Kennedy Van der Laan. Ard (1982) advises clients mainly in the field of individual and...31 august 2015
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
Procedural Law of the Work and Security Act If an employee does not agree to the termination and no termination agreement is concluded either, an...30 may 2015
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
Subdistrict Court of Leiden, 17 April 2013, LJN BZ7314 The Facts In 2012 an employer, a wholesaler in flowers and plants, decided to outsource its...18 june 2013
Employee Representative Body An employer that operates an enterprise employing 10 to 50 employees is obliged to establish an employee representative...30 may 2013
After the formation of the Coalition Agreement, we published the newsletter article ‘Dismissal Law Turned Topsy-Turvy; What Should You Know?’...13 may 2013
The die is cast. On 5 April 2013, the Dutch Supreme Court rendered the long-awaited judgment in the case of Albron Nederland / FNV Bondgenoten et al....24 april 2013
Adieu Nachgründung: What Now? Important Transitional Arrangements Within the Scope of the New Flex–Wet
Introduction The general transitional rules within the scope of the Flex-Wet are based on the New Civil Code Transition Act of 28 November 1991...28 march 2013
Employees sometimes have a previously determined redundancy pay set out in their employment agreements. If an employee is indeed dismissed in the end...25 february 2013
Amendments to the Act on the Prevention of Money Laundering and Financing of Terrorism as of 1 January 2013.
The Dutch Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme,...21 february 2013
From a recent judgment of the Court of Appeal of Leeuwarden it appears that the employer has a far-reaching duty to inform when concluding a...19 february 2013
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
Supreme Court, 22 June 2012 (LJN: BW5695) The Extraordinary Labor Relations Decree 1945 (Buitengewoon Besluit Arbeidsverhoudingen 1945...24 july 2012
Subdistrict Court of Utrecht, 3 January 2012 (LJN: BU9919) Nowadays, in the event of a reorganization an employer usually drafts a social plan,...26 april 2012
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
Dutch Supreme Court, 9 December 2011 LJN: BT7500 The Facts In the period from 1978 until 1 June 2008 the contractor performed work for the TROS on...28 march 2012
Court of Utrecht, Subdistrict section, Utrecht location, LJN:BV0899 Dutch employment law has a dual dismissal system. When an employer wishes to...28 february 2012
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
Court of Appeal of ’s-Hertogenbosch, 5 October 2010, HD 200.012.071, LJN BN8921 An employer felt compelled to implement a reorganization, as...27 january 2011
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
Judgment of the Supreme Court Recently, the Dutch Supreme Court has ruled in the Boekenvoordeel/Isik case that the new employer who takes over the...01 may 2007
Dismissals in the Netherlands have always been complicated. Per 1 July 2015 big changes have taken effect.24 september 2015