A medium-sized player within the beverage industry needs to restructure its organisation. Within its branches, 18 employees have to leave. The Central Works Council (CWC) is asked for its opinion and advises positively on condition that all redundant employees are given at least eight months\u2019 time to try and replace them internally. In addition, the CWC stipulates redundant workers will be given priority in future placement procedures.
\nJoshua has been made redundant. He is offered a termination agreement. The offer is not bad. Nevertheless, Joshua is not willing to agree. According to him, his position will not become redundant at all. As the employer has a different view, the HR Manager invites Joshua for an interview. Unfortunately, HR isn\u2019t able to solve the issue. During the conversation, it turns out that Joshua and the HR-Manager see things in a completely different light. Joshua doesn\u2019t feel heard and goes home frustrated and angry. As Joshua is unwilling to accept the termination offer, the employer applies for a dismissal permit from the UWV. Even before the UWV received the request, Joshua calls in sick.
\nDue to the legal prohibition to terminate an employment contract during illness, the UWV rejects the employer’s request. As a result, the reorganisation process is potentially delayed. Also, if Joshua is proved right, more employees may oppose their redundancy. Meanwhile, the CWC has expressed concern about whether the employer had complied with their previous agreements.
\nThe employer suggests mediation. Joshua agrees.<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>