Appeal

It is possible to lodge an appeal when you do not agree with the dismissal decision of the subdistrict court or of the UWV. The outcome of a dismissal procedure will in all cases be a disappointment for one of the two parties. In many cases that party will still accept the decision of the subdistrict court or the UWV, but that is not required. It is possible to challenge that decision, which means that an appeal can be lodged. As a result, the dismissal decision will be reviewed once again by a higher court.

The subdistrict court and the UWV Werkbedrijf

You can lodge an appeal when you do not agree with the dismissal decision that has been taken. This decision may have been taken by the subdistrict court or by the UWV Werkbedrijf. In both cases an appeal is possible. The way this proceeds depends on the authority that made the decision.

If the subdistrict court took the decision

When the dismissal decision comes from the subdistrict court, the court of appeal must be approached in order to lodge an appeal. The subdistrict court will have informed the parties concerned of the dismissal decision, also known as the order. From that date the time period starts running for lodging an appeal. This must be done within three months after that date. The court of appeal will assess whether the subdistrict court decided correctly. If the court of appeal is of the view that the employment contract was wrongly dissolved by the subdistrict court, there are two possibilities. The court of appeal may decide to award the employee a certain payment or to order the employer to restore the employment contract. In the latter case, the employee will have to consider whether that is desirable. There is, of course, a chance that the working atmosphere will not be pleasant. The court decides whether a fair compensation should be awarded or whether the employment contract should be restored.

If the UWV Werkbedrijf took the decision

When there is an economic dismissal or a dismissal during long-term incapacity for work of the employee (more than two years), the UWV Werkbedrijf will have taken the dismissal decision. The UWV Werkbedrijf may have decided that the employer may not dismiss the employee. In that case the employer may bring the matter before the subdistrict court to challenge that decision. The UWV Werkbedrijf may also have decided that the employee may indeed be dismissed. In that case it is the employee who can go to the subdistrict court to challenge that decision.

A fair compensation?

In both situations, two options apply if the appellate court is of the opinion that the employment contract was wrongly terminated. It may be decided that the employment contract must be restored, and it may be decided that a so-called fair compensation must be paid by the employer to the employee. A fair compensation may be a dismissal payment or transition payment. It may also involve an additional payment on top of the dismissal payment. The court will naturally assess to what extent it can reasonably be expected that the employment contract can actually be restored. It may be that it is not reasonably possible to restore the employment contract. In that case, a fair compensation will be awarded. That amount will be determined by the court.

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