What is the fair compensation?

If the ending of the employment contract is due to gross misconduct from the employer, a judge may order the employer to pay a ‘fair compensation’. 

Such gross misconduct may include but is not limited to:

  • Unjust summary dismissal
  • Termination in violation of a prohibition to terminate
  • Discrimination by the employer
  • Stating a false ground for termination in order to create a situation which is unworkable for the employee to finally terminate the employment contract on the grounds of a disturbed relationship;

What amount in fair compensation is owed?

As opposed to the severance payment, there is no calculation available to determine fair compensation. A judge will decide on the amount of fair compensation based on the circumstances of the case. Aspects a judge may weigh in making the decision include:

  • The duration of the employment
  • The expected continued duration of the employment if the gross misconduct from the employer had not taken place
  • Whether the employee has found new employment
  • How likely the employee is to find new employment
  • The amount of culpability of misconduct from the employer 
  • The amount of culpability of the employee
  • Whether the employee will receive severance payment
  • Material and immaterial damages

Are you looking to receive fair compensation from your employer, or your employee has gone to court and demanded fair compensation? At Wessel van der Lans we can help navigate the system.