Assistance with employment conflicts and mediation

Questioner

Hopefully I can get some clarity here! Due to a labor dispute I am at home and the occupational health physician advised mediation so that we can end my 16-year employment. I already had a lawyer because of a dismissal application from my employer via the UWV which they did not receive and after round 2 for my team but not for me. Now my employer just wants to have a conversation with me personally but the last conversation got completely out of hand so I am now seeing a psychologist and I am afraid that it will escalate again hence mediation I have explained this to my lawyer but he keeps saying that I have to have the conversation myself. Am I seeing this wrong this is what she is there for so that this will lead to a proper solution also I just received an email from her at 7:00 PM saying that if I do not contact my employer in writing today they will stop paying my salary? I had asked her to give them an answer in my name and to propose an amount, but she has not let me know and now this and in this email she indicates that I have to calculate what the transition compensation is. I really don't know what to do now, does anyone have any advice for me please. Thank you in advance.

Lawyer

How awful that you and your lawyer are not on the same page! What is important for you to know is the following. Mediation has now been proposed. That is something where you are indeed expected to attend in person. Mediation where not all parties are present in person is pointless. I understand your lawyer's advice. What you also need to know is that refusing to cooperate in mediation is seen as a refusal to cooperate in reintegration and that means that a wage freeze may be justified. It is therefore also in your interest to cooperate in the mediation. You have your lawyer with you and perhaps you can also bring someone with whom you feel safe. And what do you have to fear? Your negotiating position is very strong given the fact that UWV has rejected the dismissal permit. If you think that you are medically able to comply with the application obligation of the WW at the end of the employment relationship, I advise you to exploit your strong negotiating position, cooperate and then go on to WW. In the sickness benefit will not work in this situation. Good luck and feel free to contact me if you want to know more!

Questioner

Thank you for your answer but I think you misunderstand me, my lawyer will not come to this conversation and I do want to participate in a conversation but with a mediator present! And not without! to ensure that it does not escalate again and so that everything can be settled as quickly as possible and both parties can continue without the intervention of another judge.

Lawyer

then it is a difference of opinion between you and your lawyer about the best way to help you. I do not know the case or the considerations of your lawyer as to why she thinks you should have the conversation alone. In these types of cases it is not unusual for the client to be accompanied by a legal aid provider during such a conversation. Good luck with the situation!

Lawyer

In addition to the legally correct answer from colleague |hopman the following. It is one of two things: either there is mediation and then you have to go without your lawyer. The mediator must then ensure that it does not escalate. Or there is a conversation with the employer and then your lawyer should go along. If he/she does not do that, then I would immediately take another one. Then make sure that this person is a member of the Association for Labor Law or VAAN, quality marks.

Questioner

Thank you for your answer but I think you misunderstand me, my lawyer will not come to this conversation and I do want to participate in a conversation but with a mediator present! And not without! to ensure that it does not escalate again and so that everything can be settled as quickly as possible and both parties can continue without the intervention of another judge. I have now called my legal aid and filed a complaint about their lawyer and fortunately I am being helped by another lawyer today!! I want to thank you for your quick response I was really at my wits end