Dysfunction
With the introduction of the Work and Security Act, dysfunction was introduced as a ground for dissolution. Court rulings on dissolution of employment contracts set the bar very high for the employer.
An employer will have to be able to present a well-documented file in the petition for dissolution of the employment contract on grounds of dysfunction, showing that the employee in question is unfit for his job and that sufficient opportunity has been given to the employee to improve his performance. There should also be no possibility of reassignment to another position. In practice, the majority of dissolution requests due to dysfunction are rejected. As an employer, it is important to be well prepared when it comes to dissolution proceedings.
Legal help with employee dysfunction
Transport law lawyer Otto Lenselink is experienced in the field of labour law and he will gladly provide your transport or forwarding company with advice or legal assistance with questions about employee dysfunction. Please feel free to contact him.
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