The fair compensation, from Article 7:681 DCC, is an additional sanction for employers in Westland upon dismissal due to seriously culpable conduct, such as discrimination or negligent reintegration in the greenhouse and horticulture sector. Unlike the transition payment, this is not standard and depends on circumstances: length of employment, employer's conduct and employee's income, often seasonal worker or permanent employee in glasshouse horticulture.
Examples from Westland: Upon dismissal during illness without reintegration attempt at a nursery in Monster or Naaldwijk, this can amount to €100,000+. The subdistrict court in The Hague, competent for Westland, determines the amount, often 3-12 months' salary. In 2025, stricter requirements apply due to recent Supreme Court case law, relevant for collective labour agreements in the region.
No cumulative limitation with transition, so total higher for Westland employees. Claim only possible with UWV dismissal permit or subdistrict court proceedings. Build evidence with emails, payslips and testimonies from colleagues from Poeldijk or 's-Gravenzande.
Strategy: Combine with transition claim for maximum result, especially under Horticulture collective labour agreement. Free advice via Juridisch Loket in The Hague or local FNV trade union in Westland. Success depends on file quality and regional context.