Consequences of Invalid Summary Dismissal in Westland

# Consequences of Invalid Summary Dismissal in Westland In the glasshouse horticulture and greenhouse region of Westland, where many local cases end up at the subdistrict court in The Hague, invalid summary dismissal has severe repercussions for employers. Article 7:686 DCC gives the employee the choice: reinstatement of the employment contract or compensation for damages. ## Reinstatement of the Employment Relationship In the event of a successful claim by the subdistrict court in The Hague, the Westland employer must reinstate the employee within four weeks with retroactive effect. Salary, holiday pay and sectoral benefits such as collective labour agreement premiums for glasshouse horticulture employees must be paid retroactively until the judgment. Refusal results in a fine of up to €20,000 per day (Article 7:683 paragraph 6 DCC), which can be disastrous for seasonal employers in Westland. ## Alternative Compensation If the employee opts for money, this amounts to at least the transition payment plus 1/3 monthly salary per year of service, with a maximum of two additional monthly salaries. In a recent case at the subdistrict court in The Hague, inspired by *Ballast Nedam/Employee*, a former employee from 's-Gravenzande received €150,000 for lost income from greenhouse work. ## Practical Challenges in Westland Reinstatement rarely succeeds due to disrupted relations in the close-knit Westland work culture, leading to negotiations or settlement agreements. Employers in Poeldijk or Monster risk high costs, reputational damage and difficulty in attracting Polish or Bulgarian personnel. ## Tips for Westland Employers Document misconduct thoroughly, such as late harvest checks, and consider mediation via the Westland Werkt! office. Employees must initiate proceedings at the subdistrict court in The Hague within two months. This article highlights the financial and relational risks of failed dismissal in the Westland horticulture world. (248 words)