Reorganisation and Dismissals

“Strategic choices prior to dismissal may prevent escalation and legal actions.”

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.

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.

Collective Redundancies

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.

Notable practitioners

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.

Notable practitioners 

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’.

The Legal 500 Rankings 2017

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13 april 2017 

Chambers and Partners Europe Rankings 2017

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13 april 2017 

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30 may 2015 

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UWV Dismissal Procedure

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30 may 2015 

Special Position of the Older Employee

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30 may 2015 

Termination of Employment Agreement

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30 may 2015 

Einschneidende Änderungen im Kündigungsrecht und bei flexiblen Arbeitsmodellen

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08 july 2014 

Is an Employer Allowed to Replace Permanent Employees by Flexible Workers?

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18 june 2013 

Establishment of ERB Was Wrongly Not Awaited. Right to advise on reorganization.

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30 may 2013 

Social Agreement: Dismissal Rules Changed Again?

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13 may 2013 

Supreme Court Confirms Rights of Employees in Transfer of Undertaking

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24 april 2013 

Adieu Nachgründung: What Now? Important Transitional Arrangements Within the Scope of the New Flex–Wet

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28 march 2013 

How To Get Out Of A Contractual Redundancy Pay?

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25 february 2013 

Amendments to the Act on the Prevention of Money Laundering and Financing of Terrorism as of 1 January 2013.

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Court of Appeal Quashes Termination Agreement: Employer Has Violated Duty to Inform

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No Well-Considered Resignation after Sick Report via WhatsApp

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11 january 2013 

Always Reverse an Instant Dismissal Within Six Months?

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24 july 2012 

Representativeness of Trade Unions in Social Plan

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26 april 2012 

Extraordinary Labor Relations Decree Applicable to International Employee?

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26 april 2012 

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28 march 2012 

Application for Rescission by Employee after Notice of Termination by Employer

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28 february 2012 

Amendment of the Collective Redundancy Notification Act

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31 january 2012 

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06 december 2011 

Implementation of a New Business Model and the Works Council's Right to Advise

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30 september 2011 

Ex Tunc or Ex Nunc Examination in Cases of Manifestly Unreasonable Dismissal?

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26 july 2011 

Proposed Amendment of the Collective Redundancy Notification Act

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27 may 2011 

Application for Rescission in Connection with Employee's Criminal Conviction

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28 march 2011 

TUPE: Possibility to influence by not taking over employees, but recruiting one's own employees?

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28 march 2011 

Summary Dismissal Because of Criminal Conviction

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27 january 2011 

Consequences of Unemployment Benefit for Severance Payment to Older Employees

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27 january 2011 

Do Years as a Temporary Worker Count in the Event of a Reorganization?

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03 december 2010 

Explanation Meaning of 26-Weeks Period After Dismissal Permit From UWV Werkbedrijf

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16 july 2010 

Reorganization Because of Transfer of Undertakings Possible by Relying on ETO Reason

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28 may 2010 

No ABC or XYZ in Cases of Manifestly Unreasonable Dismissal

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26 january 2010 

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24 september 2015 
Eva Knipschild

Eva Knipschild

Attorney at law, Mediator, Partner

  • Eva Knipschild https://kvdl.com/our-people/eva-knipschild/ Attorney at law, Mediator, Partner +31 20 5506 840 eva.knipschild@kvdl.com http://nl.linkedin.com/in/evaknipschild
  • Chris Nekeman https://kvdl.com/our-people/chris-nekeman/ Attorney at law, Partner +31 20 5506 676 chris.nekeman@kvdl.com
  • Thijs Ridder https://kvdl.com/our-people/thijs-ridder/ Attorney at law +31 20 5506 837 thijs.ridder@kvdl.com http://www.linkedin.com/pub/thijs-ridder/2b/214/9a7