Fair Compensation upon Dismissal in Westland

A fair compensation is a supplementary dismissal compensation that a judge may award if an employer has seriously acted at fault.

What does the Fair Compensation entail?

This compensation is awarded in addition to the transition payment and serves as a penalty for employers who have acted seriously culpably.

In which cases do you receive a Fair Compensation?

A judge may award this compensation in situations such as:

• Serious errors by the employer
• Unjustified summary dismissal
• Breach of notice rules
• Failure to comply with obligations regarding reintegration
• Serious forms of intimidation or bullying

How is the amount of the Fair Compensation determined?

There is no fixed calculation. The judge considers factors such as:

• How serious the employer's breach was
• The employer's financial capacity
• The impact on the employee
• Whether the employee already has new employment
• Other relevant aspects

The amounts can range from a few thousand euros to hundreds of thousands.

The New Hairstyle Judgment

In the well-known New Hairstyle judgment, the Supreme Court provided guidelines for determining the compensation. The judge must carefully weigh all facts to arrive at an appropriate amount.

Practical Examples from Case Law

• Intimidation by a manager: €15,000
• Unlawful summary dismissal: €50,000
• Prolonged bullying: €100,000
• No support for reintegration after illness: €25,000

How does the Procedure work in Westland?

As an employee, you can apply for fair compensation from the subdistrict court, for example via the District Court of The Hague. This can be done in the following cases:

• When contesting a dismissal
• By filing a separate request
• As a counterclaim in response to the employer's dissolution request

For legal advice, you can contact the Juridisch Loket Westland.

Practical Advice

1. Document all culpable actions of the employer
2. Keep relevant correspondence such as emails
3. Always report incidents in writing
4. Seek support from a lawyer

Statutory basis: Articles 7:681 and 7:683 of the Dutch Civil Code

Frequently Asked Questions about Dismissal in Westland

What are my rights as an employee?

You are entitled to a safe workplace, minimum wage, paid vacation days, and protection against discrimination or unfair treatment.

Can I be dismissed just like that?

No, dismissal often requires approval from the UWV and must be based on valid reasons. Prior warnings are usually required.

How many paid vacation days do I have?

You are entitled to at least 20 paid vacation days per year, unless otherwise stated in your contract. You can take these upon request.

What is a collective labour agreement and how does it work?

A collective labour agreement (CLA) records agreements between employers and trade unions on matters such as salary, working hours, and other employment conditions.

What happens in case of illness?

In case of illness, you must immediately inform your employer. You are entitled to continued payment of wages during the first two years of illness.