A disruption of the employment relationship: this is a reason to terminate the employment contract.
However, this is only applicable if the continuation of the employment contract cannot reasonably be expected of the employer. The disruption of the employment relationship must be such that it justifies the termination of the employment contract. This is not always the case. Dismissal or termination is not always the solution.
At Kop Advocaten, we can help you if you are faced with a disrupted employment relationship or a labour dispute with one of your employees. It is often advisable not to wait too long before taking steps to resolve the labour dispute. After all, the employment relationship can be restored.
The rules governing sick leave are extensive and complex. Various reintegration obligations apply to both employers and employees. Kop Advocaten is happy to advise you on your rights and obligations as an employer.
Mediation: a mandatory preliminary stage?
In published case law on termination due to a disrupted employment relationship, you can see that judges often attach importance to whether mediation has already been attempted to restore the employment relationship.
Other problems
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Your solicitor can also assist you in finding a suitable mediator. At Kop Solicitors, we also specialise in guiding clients through such mediation processes.
If you are involved in a labour dispute or if a relationship with one of your (sick) employees is at risk of becoming disrupted, please do not hesitate to contact one of our solicitors.