In exceptional cases, the court can award the employee fair compensation in the event of dismissal in addition to the transition payment (transitievergoeding). When determining the amount of fair compensation, the court takes all the circumstances of the case into account; the court has a great degree of freedom. It follows from previous court decisions that the court can take into account the loss of rights under the participation scheme when determining the consequences of the end of employment. The decision of the district court of Rotterdam shows that damages resulting from a participation scheme that was not entered into directly with the employer but with an affiliated company can also be taken into account when determining the amount of fair compensation to be paid by the employer. In this annotation, the authors elaborate on this after some general remarks about employee participation schemes.
Read the full annotation in Dutch.
This publication was previously published in Jurisprudentie Arbeidsrecht.
