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Dismissal of the board

Dismissal of a director

Dismissal during illness

Collective dismissal

No dismissal for employee who e-mails confidential information to himself

A Dutch employee learns that his employer wishes to terminate his employment contract by means of an amicable termination. In anticipation of this, the employee is exempted from…

Dutch criteria for dismissal for employee’s unsatisfactory performance

…case in the Netherlands, an employer applied for the dismissal of an employee for unsatisfactory performance. The employee would have been incapable of organizing and managing.…

Claims for unfair dismissal employee can mount steeply!

In a recent labour dispute, an employee is dismissed summarily. The employee goes to the court. The subdisctrict court quickly concludes that there was no lawful reason to dismiss…

Dismissal of managing directors in a Dutch limited company

The managing board in Dutch limited and public companies (“BV” and “NV”) consists of one or more managing directors. Legal entities are allowed to act as director, although their…

Dismissal director: violation of good employment practices?

An interesting employment case about the dismissal of a director. A director becomes incapacitated to work due to work-related stress. On the day that his reintegration process…

supervisory director

…shareholders’ meeting normally deals with the suspension and dismissal of a supervisory director as well. The articles of association may include criteria which a supervisory…

shareholders’ agreement

…commonly includes subjects such as the appointment and dismissal of directors and supervisory directors and voting rights. Also provisions regarding the sale of shares (e.g. the…

Severance package

…setting out agreements on the settlement of a (forced) dismissal. Part of this is the financial compensation scheme, also known as a golden handshake. A severance package is often…

Principle of proportionality

…in each age group. This person is first eligible for dismissal. Since 1 April 2014, the Dismissals Decree has changed the principle of proportionality. Workers with a state pension…

Interim ruling: dismissal of directors valid (In our track record)

Onno successfully represented a foundation that wished to dismiss two of its directors. In an interim judgment, the court held that the dismissal was neither void nor voidable.

Shareholder recovers shares; salary continued and dismissal suspended (In our track record)

…of his shares, continued to receive his salary and the dismissal resolution was suspended.

Injunction: return of shares, suspension of dismissal and salary continuation ordered (In our track record)

…re-transfer of a 50% shareholding, suspension of the dismissal resolution of the general meeting due to breaches of statutory and corporate rules, and continuation of salary…