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Evidence in Cases of Prohibited Dismissal in Westland: How to Prove Discrimination?

Prove discrimination in Westland with documents, witnesses, and reversal of the burden of proof. Indirect evidence suffices according to the Supreme Court, ideal for horticultural workers.

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Evidence in Cases of Prohibited Dismissal in Westland: How to Prove Discrimination?

In the greenhouse horticulture municipality of Westland, where greenhouses and agricultural businesses dominate, prohibited dismissal often revolves around seasonal workers and discrimination. This article explains how to demonstrate discrimination using local examples and tools.

Reversal of the Burden of Proof in Westland

Since the Work and Security Act (Wet Werk en Zekerheid, WWZ), the reversal of the burden of proof has applied (Article 7:670(3) of the Dutch Civil Code). In cases involving 'sensitive' reasons for dismissal in Westland, such as foreign seasonal workers or illness due to greenhouse work, the employer must prove that the dismissal was not discriminatory. The subdistrict court in The Hague handles many Westland cases.

Practical Evidence for Westland Employees

  • Documents: Exit interviews with growers in 's-Gravenzande, emails about work schedules in Naaldwijk, and personnel files from Poeldijk greenhouses.
  • Witnesses: Colleagues from the same greenhouse who have witnessed discrimination against Moroccan or Polish pickers.
  • Statistics: Disproportionate dismissal of female or older employees at Westland auctions.
  • Medical records: For claims related to pesticide exposure or back problems due to heavy horticultural work.

The Supreme Court recently ruled that indirect evidence suffices, as seen in cases involving Westland greenhouse horticulture. Build a strong case with the help of a local employment lawyer in Monster or Wateringen for successful claims.