Dismissal of malfunction

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It regularly happens that at some point an employee no longer functions as he or she should. This can be due to a variety of factors.

It regularly happens that at some point an employee no longer functions as he or she should. This can be due to a variety of factors.

  • Is there inadequate performance?
  • Has the employee been made aware of this in a sufficiently clear and timely manner?
  • Has the employee been made aware of this in a sufficiently clear and timely manner?
  • Has the employee been facilitated and coached in this?
  • Has the employee been facilitated and coached in this?
  • Has the employee been facilitated and coached in this?
  • Has the dysfunction been caused by poor working conditions; and
  • Is redeployment in a suitable position possible within a reasonable period of time, with or without training?

Wanneer een werkgever constateert dat een werknemer niet voldoende functioneert is het van belang dat dit tijdig met de betreffende werknemer wordt besproken en dat de werknemer voldoende de kans krijgt om zijn/haar functioneren te verbeteren. Als werknemer mag je niet worden overvallen met een ontslag wegens disfunctioneren.

As an employee, you should at least expect to be given the opportunity to improve your performance.

If, after completing a thorough improvement programme, performance still does not reach the desired level, the employer may consider taking the performance review file to court.

However, there is still the possibility of mutual agreement, whereby you, as an employee, can negotiate the severance pay you consider appropriate.

Are you dealing with a poorly functioning employee and want to know what the options are for resolving the situation

Are you dealing with a poorly functioning employee and want to know what the options are for resolving the situation.

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