Help with employment conflicts | Legal aid centre

Questioner

Dear Lawyers Worked 19 years in healthcare with current employer, now we are going to work on a small scale and there have been competency interviews, about 3 departments [about 100 people]. The conclusion is that there is no place for me because I cannot be placed in a team due to comments from colleagues who say they do not want/cannot work with me. I have never heard or noticed anything about this through management or job interviews. How should I deal with this?

Lawyer

Your information does not show what kind of employment contract you have. In general, your employer can follow three routes. 1. The employer requests a dismissal permit from the UWV. Then he must demonstrate why the dismissal is in order. You must defend yourself against that. 2. The employer can ask the subdistrict court to dissolve the employment contract. The employer will also have to demonstrate the reason for this. You must also defend yourself against this. 3. Your employer offers you a settlement agreement. With all three routes you do not have to simply agree, sign anything or consent. I advise you to contact a lawyer. If you wish, I would be happy to assist you. yours sincerely,

Questioner

Thanks for your answer. I have a permanent employment contract. There was no talk about dismissal but about looking for another workplace. I have a conversation about this next week. However, isn't it strange that they never talked to me about the fact that I am unworkable? This is the main argument they come up with. Shouldn't there be a process between - unworkable person and looking for another workplace so that I also get a chance? Kind regards,

Lawyer

Usually statements like your employer has made indicate an impending labor conflict and possible dismissal proceedings. If that is not the case, that is good for you. Regarding the comments and the upcoming conversation. It is indeed strange that this was never discussed with you, neither by colleagues nor by the manager(s). The question is whether there is anything in your personnel file about this. You have the right to inspect your personnel file on the basis of the Personal Data Protection Act. And you are also right that if there are any comments on your performance, they should be discussed with you and that you should normally be given the opportunity to recover/improve. I advise you not to simply agree to any proposals, unless it is a workplace and work that you would really like to do and the conditions are good. If necessary, I would be happy to assist you. yours sincerely,

Questioner

Thanks again for your quick response! Even stranger to me is that I have been working with the people in question [approximately 30] for 8 years. The other 70 people work in other units and know me by sight and sporadically in the night shift. Also, in 19 years I have not had a complaint from the clients and/or their representatives. My file is clean. Would a conversation with the director be useful?

Lawyer

No complaints from clients or representatives is positive for you. I cannot judge whether a conversation with the director is useful. That depends on who you will have a conversation with and what your relationship with that person or persons is. It depends on what you expect from that conversation whether you should go directly to the director. yours sincerely,

Questioner

I have 1 more question for you regarding the conversation next week. Is it wise to sit there with a listening attitude or in the 'fight' mode. I thank you very much for your time and answers in a turbulent, uncertain time for me!! I hope for the best.

Lawyer

In listening mode, because that is the only way you hear what is being said. In fighting mode, you may filter (like everyone else) too much. I do advise you to ask for clarification, to summarize, and not to sign or agree to anything. Ask for time to think about it. As I wrote before, unless it is a great offer of course. Good luck with it. yours sincerely,

Questioner

Thank you! Kind regards, back