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Dismissal due to a workplace conflict in the Netherlands

 

 

Dismissal due to a Conflict?

Conflict


Sometimes, conflicts arise in the workplace – with a colleague or with your boss. Conflicts can revolve around various issues. If the conflict persists for an extended period, it can lead to a disrupted working relationship, making it impossible to reconcile. Have all possible efforts been made to resolve the dispute? Or has too much occurred to salvage the situation? In such cases, the situation may be grounds for dismissal. If the dispute alone isn't sufficient for termination, but there are other issues at play, such as chronic lateness or not meeting sales targets, you may still be subject to dismissal. Seek advice from our legal experts on this matter.

dismissal conflict at work netherlands dutch law

What Should Your Employer Do?


Your employer should attempt to resolve the conflict. If a resolution cannot be reached through direct communication, your employer should involve a mediator or other third party to assist. For instance, you may engage in mediation sessions to find a solution, with the mediator remaining impartial and ensuring productive discussions. Often, these conversations are confidential, and your employer cannot disclose their contents to a court. If either you or your employer is too angry to communicate effectively, your employer must provide evidence of the issues that have arisen.

What Should You Do?


Conflict can be emotionally charged. Always remain calm and conduct yourself professionally, refraining from shouting or engaging in unbecoming behavior, regardless of how upset you may be or how uncooperative your employer seems. Do not send angry emails or post negative stories on social media platforms like Facebook. Demonstrate your willingness to cooperate and collaborate on solutions through open dialogue with your employer. Do not sign any meeting summaries with which you disagree. Gather evidence of inappropriate actions by your employer or proof that your colleagues believe you are a valuable team member. It's crucial to determine who is at fault, and it might involve more than one party.

When Conflict Cannot Be Resolved


If it's impossible to resolve the conflict, you have several options:

  • You can continue working, although this may be challenging. Many people end up taking sick leave, which often exacerbates the situation.
  • You could be dismissed. The extent of your employer's responsibility for the conflict may determine the compensation you receive, with potential claims of severe misconduct.
  • You could choose to resign. However, this is often not advisable. Seek advice from our specialists before making this decision.

Termination of employment contract


If your employer wishes to terminate your employment, they must first explore the possibility of offering you a different role within the company, known as redeployment.
If redeployment isn't feasible, your employer can attempt to terminate the employment contract in two ways:

  • Through a court proceeding, during which your employer must demonstrate why the conflict cannot be resolved.
  • By mutually agreeing to terminate the employment contract (entering into a termination agreement).

Our specialized legal experts can assist you with both processes.

Need Help with Dismissal or a Disrupted Employment Relationship?


Dealing with a dismissal situation or a disrupted working relationship can be complex. Fortunately, you can seek assistance from our experienced legal experts. Please send us an email or call us at 0031 (0)20 6160 120.

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