Reorganisation and Dismissals

“Strategic choices prior to dismissal may prevent escalation and legal actions.”

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.

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.

Collective Redundancies

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.

Notable practitioners

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.

Einschneidende Änderungen im Kündigungsrecht und bei flexiblen Arbeitsmodellen

Am 10. Juni 2014 hat das niederländische Parlament das Gesetz Arbeit und Sicherheit (niederländisch: Wet werk en zekerheid (WWZ)) angenommen. Das...

08 july 2014 

Is an Employer Allowed to Replace Permanent Employees by Flexible Workers?

Subdistrict Court of Leiden, 17 April 2013, LJN BZ7314 The Facts In 2012 an employer, a wholesaler in flowers and plants, decided to outsource its...

18 june 2013 

Establishment of ERB Was Wrongly Not Awaited. Right to advise on reorganization.

Employee Representative Body An employer that operates an enterprise employing 10 to 50 employees is obliged to establish an employee representative...

30 may 2013 

Social Agreement: Dismissal Rules Changed Again?

After the formation of the Coalition Agreement, we published the newsletter article ‘Dismissal Law Turned Topsy-Turvy; What Should You Know?’...

13 may 2013 

Supreme Court Confirms Rights of Employees in Transfer of Undertaking

The die is cast. On 5 April 2013, the Dutch Supreme Court rendered the long-awaited judgment in the case of Albron Nederland / FNV Bondgenoten et al....

24 april 2013 

Adieu Nachgründung: What Now? Important Transitional Arrangements Within the Scope of the New Flex–Wet

Introduction The general transitional rules within the scope of the Flex-Wet are based on the New Civil Code Transition Act of 28 November 1991...

28 march 2013 

How To Get Out Of A Contractual Redundancy Pay?

Employees sometimes have a previously determined redundancy pay set out in their employment agreements. If an employee is indeed dismissed in the end...

25 february 2013 

Amendments to the Act on the Prevention of Money Laundering and Financing of Terrorism as of 1 January 2013.

The Dutch Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme,...

21 february 2013 

Court of Appeal Quashes Termination Agreement: Employer Has Violated Duty to Inform

From a recent judgment of the Court of Appeal of Leeuwarden it appears that the employer has a far-reaching duty to inform when concluding a...

19 february 2013 

No Well-Considered Resignation after Sick Report via WhatsApp

Court of Groningen 11 June 2012, LJN BY2140 The Facts An employee worked as an intermediary at Flexjob. On 17 April 2012, after a dispute with her...

11 january 2013 

Always Reverse an Instant Dismissal Within Six Months?

Supreme Court, 22 June 2012 (LJN: BW5695) The Extraordinary Labor Relations Decree 1945 (Buitengewoon Besluit Arbeidsverhoudingen 1945...

24 july 2012 

Representativeness of Trade Unions in Social Plan

Subdistrict Court of Utrecht, 3 January 2012 (LJN: BU9919) Nowadays, in the event of a reorganization an employer usually drafts a social plan,...

26 april 2012 

Extraordinary Labor Relations Decree Applicable to International Employee?

Supreme Court, 24 February 2012, LJN: BU8512 The Facts On 10 May 2005, an employer and an employee, who has American citizenship, concluded an...

26 april 2012 

Protection Against Dismissal for Contractors

Dutch Supreme Court, 9 December 2011 LJN: BT7500 The Facts In the period from 1978 until 1 June 2008 the contractor performed work for the TROS on...

28 march 2012 

Application for Rescission by Employee after Notice of Termination by Employer

Court of Utrecht, Subdistrict section, Utrecht location, LJN:BV0899 Dutch employment law has a dual dismissal system. When an employer wishes to...

28 february 2012 

Amendment of the Collective Redundancy Notification Act

On 1 March 2012 the Collective Redundancy Notification Act (Wet Melding Collective Ontslag, "WMCO") will be amended. What changes does this...

31 january 2012 

Freedom of Expression in Employment Law

Palomo Sanchez and others/Spain There have been proceedings between a Spanish company and four of its employees about the question of whether...

06 december 2011 

Implementation of a New Business Model and the Works Council's Right to Advise

Court of Appeal of Amsterdam (Enterprise Section), LJN: BR3116 The Facts An employer experiences negative effects from various developments on the...

30 september 2011 

Ex Tunc or Ex Nunc Examination in Cases of Manifestly Unreasonable Dismissal?

Dutch Supreme Court, 8 April 2011, LJN BP4804 Until recently, the starting point for proceedings concerning manifestly unreasonable dismissal was...

26 july 2011 

Proposed Amendment of the Collective Redundancy Notification Act

Discussion of the bill to amend the Collective Redundancy Notification Act in connection with the extension of the scope and to promote compliance...

27 may 2011 

Application for Rescission in Connection with Employee's Criminal Conviction

Subdistrict Court of Maastricht, 21 February 2011, LJN: BP 5184 The Facts An employee was sentenced to five years’ imprisonment for offenses...

28 march 2011 

TUPE: Possibility to influence by not taking over employees, but recruiting one's own employees?

Clece, a company that supplies cleaning services, cleaned the schools and premises belonging to the council on the instruction of the Ayuntamiento de...

28 march 2011 

Summary Dismissal Because of Criminal Conviction

Judgment of the Supreme Court, 17 December 2010, LJN: BO1821 Summary Dismissal When an employee is summarily dismissed, this means in fact that his...

27 january 2011 

Consequences of Unemployment Benefit for Severance Payment to Older Employees

Court of Appeal of ’s-Hertogenbosch, 5 October 2010, HD 200.012.071, LJN BN8921 An employer felt compelled to implement a reorganization, as...

27 january 2011 

Do Years as a Temporary Worker Count in the Event of a Reorganization?

Subdistrict Court of Wageningen, 8 September 2010, LJN BN8266, JAR 2010/264 Since 2008 an employer in the dairy industry was confronted with a...

03 december 2010 

Explanation Meaning of 26-Weeks Period After Dismissal Permit From UWV Werkbedrijf

Court of Appeal of Leeuwarden, 13 April 2010, LJN BM8411 Legal Framework Article 4:5 of the Dismissals Decree provides that if the UWV Werkbedrijf...

16 july 2010 

Reorganization Because of Transfer of Undertakings Possible by Relying on ETO Reason

A discussion of the judgment of the Subdistrict Court of Amsterdam, JAR 2009/275 Dismissal Because of Transfer of Undertaking If there is a...

28 may 2010 

No ABC or XYZ in Cases of Manifestly Unreasonable Dismissal

A discussion of the judgment of the Dutch Supreme Court of 27 November 2009, LJ BJ6596 Determining Compensation in Cases of Manifestly Unreasonable...

26 january 2010 

New Employer after Bankruptcy is a "Subsequent Employer"

Judgment of the Supreme Court Recently, the Dutch Supreme Court has ruled in the Boekenvoordeel/Isik case that the new employer who takes over the...

01 may 2007 
Eva Knipschild

Eva Knipschild

Attorney, Mediator, Partner

  • Eva Knipschild Attorney, Mediator, Partner +31 20 5506 840
  • Chris Nekeman Attorney, Partner +31 20 5506 676