The termination of an employment relationship may have far-reaching consequences for employers and employees. The Dismissal team of Kennedy Van der Laan handles cases in the field of collective redundancies as well as individual dismissals.
In cases of individual dismissals, the Dismissal team represents employers and employees. The team gives advice on the various ways in which an employment contract can be terminated. Initially, an amicable solution is often looked for, mostly in the form of a contract of settlement. If the parties do not reach agreement, the team will guide the proceedings before the Subdistrict Court or the UWV (Employee Insurance Implementing Body). In all cases, the Dismissal team strives for an approach as effective as possible to prevent long-term and costly proceedings.
In the event of a collective redundancy as a consequence of a reorganization of an enterprise, the Dismissal team advises and guides clients, inter alia, in the selection of redundant employees, the consultations with the Works Council, the drafting of a Social Plan (whether or not in consultation with the trade unions) and the documents required for rescission proceedings. The team also assists clients in taking the right steps at the right times and advises them on the communication with their employees.
Chambers Europe 2015 – Employment – Band 2
What the team is known for Renowned employment practice advising on standalone works council issues, dismissals and non-compete agreements, while also supporting clients in transaction-related matters, such as reorganisations. Active in a wide range of sectors, notably healthcare and technology.
Strengths (Quotes mainly from clients)
“I am impressed by the lawyers – they are fresh and modern.”
“The team has a good balance of the legal and practical approach.”
Work highlights Assisted Reed Business with works council consultation, transfer of employees, dismissals and privacy matters.
Advised NS on all employment matters, including dismissals, discrimination cases, drafting of internal policies and negotiations with the works council and trade unions.
Inge De Laat “is highly experienced, to-the-point and responsive.” She focuses on employment-related privacy and healthcare law, and recently advised VLM Airlines on dismissals and works council and unions strategy.
Eva Knipschild is praised for being “really hands-on,” with “a knowledgeable attitude to complicated cases.” Clients further value her intelligence and creativity. Knipschild’s particular area of focus is mediation and the employment aspects of a flexible workforce.
Department head Chris Nekeman is valued for his pragmatism and deal-making ability. His experience with a versatile clientele is appreciated by interviewees, who say:“He doesn’t just work for employers, but employees and works councils as well. He knows all sides.”
Significant clients Liberty Global, Martinair, Microsoft, Nike, Port of Amsterdam.
Legal 500 EMEA 2015 – Mediation – Tier 1
Within Mediation , Kennedy Van der Laan is a first tier firm, Kennedy Van der Laan is particularly active in mediation in employment-related disputes, although real estate and shareholders’ disputes also feature. Eva Knipschild is a registered mediator.
Legal 500 EMEA 2015 – Employment – Tier 3
Within Employment, Kennedy Van der Laan is a third tier firm, Kennedy Van der Laan’s expertise takes in discrimination, dismissals, employee transfer and reorganisations. Chris Nekeman heads the team, which includes recommended partners Inge de Laat* and Eva Knipschild and associate Marjolein Westerbeek.
Chambers Europe 2014 – Employment – Band 2
What the team is known for Highly regarded team with an excellent reputation for all aspects of employment law, receiving particular praise for its handling of employee co-governance matters involving works councils. Further areas of focus include dismissals, discrimination, data protection and employment issues affecting the flexible workforce. Acknowledged for its pragmatic and efficient approach.
Strengths (Quotes mainly from clients) “The lawyers are able to form an opinion quickly, and when they have done so don’t wrap it up in caveats and disclaimers. I like that they have a definite standpoint and stick to it.”
“The character of the firm is a unique selling point for us. It is a socially progressive firm, which works well for corporate clients, as well as counterparties such as unions and works councils. We find that this reputation really helps us in negotiations.”
Work highlights Advised VLM Airlines’ shareholder Cityjet on discussions with the works council concerning termination of part of its activities in the Netherlands.
Advised long-standing client Netherlands Railways (NS) on numerous employment matters, including negotiations with trade unions and works councils, and dismissal procedures.
Notable practitioners Inge De Laat* focuses on the privacy-related aspects of employment law. Clients value her pragmatic attitude and clear and concise advice, with one stating: “She proactively offers advice on what we should or shouldn’t be doing. She does not sit on the fence, but gives you a definite position and direction.”
Clients recommend Chris Nekeman for his expertise on employee participation and collective labour agreements, where he is considered “really strong.” Clients appreciate his excellent communication skills and efficient approach.
Sources say Eva Knipschild “is very good at thinking on her feet,” adding: “She is also very sincere.” Clients enjoy working with her, enthusing: “She is approachable and pragmatic, and understands us through and through.”
Significant clients UWV, Nike, Reed Elsevier, Microsoft, TomTom.
Legal 500 EMEA 2014 – Employment – Tier 3
Kennedy Van der Laan handles a broad range of employment matters and recently advised Cityjet in relation to VLM Airline’s termination of certain activities in the Netherlands. Chris Nekeman advises on employee issues, Inge De Laat* focuses on privacy matters and Eva Knipschild handles mediation work.
*Inge de Laat is no longer working for Kennedy Van der Laan.
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