An employment dispute can have major consequences for both employee and employer. Tensions in the workplace, disagreements about performance or a disrupted working relationship often lead to stress and uncertainty. Yet a conflict does not always have to end in dismissal: several solutions are possible.
In this article, we discuss what an employment dispute is, what rights you have and what steps you can take to resolve the conflict or – if that is not possible – to part ways under the right conditions.
What is an employment dispute?
An employment dispute arises when employer and employee seriously disagree and this hinders their collaboration. Examples include:
Disputes about performance or workload.
Clashes with supervisors or colleagues.
Disagreements about employment conditions, such as working hours or salary.
Escalation through bullying, intimidation or discrimination.
What rights do you have in an employment dispute?
Your employer cannot simply dismiss you.
In some cases, you can report sick due to serious stress or tension-related complaints, after which you are entitled to continued payment and reintegration.
The employer must make an effort to resolve the conflict, for example through mediation.
Possible solutions in an employment dispute
1. Mediation
An independent mediator helps parties make agreements and restore the working relationship.
2. Transfer or adjustment of duties
Sometimes it is possible to ease the conflict through a different role or work environment.
3. Settlement agreement (VSO)
If working together is no longer possible, parties often choose dismissal by mutual consent via a settlement agreement. Agreements can then be made about:
Severance payment.
Exemption from work.
Neutral reason for dismissal.
Reference letter.
Dismissal due to a disrupted working relationship
When recovery proves impossible, the employer can request dissolution from the subdistrict court due to a disrupted working relationship. The court assesses whether a return to the company is still possible. In such cases, a transition payment is often awarded.
Tip: Through a settlement agreement, you can often negotiate a higher payment than through court proceedings.
Practical examples
Example 1: An employee had structural conflicts with his supervisor. Through mediation, the working relationship was restored and he was able to stay.
Example 2: An employee became ill due to workplace tensions. Eventually, a settlement agreement was reached with a higher payment than the transition payment.
Example 3: An employment dispute escalated to the point where the court dissolved the contract due to a disrupted working relationship. The employee received the transition payment but no extras.
Checklist for an employment dispute
Keep a file of the conflict (emails, conversations).
Request mediation for persistent tensions.
Check whether your employer is complying with the rules regarding illness and reintegration.
Always have the payment calculated when a settlement agreement is offered.
Have an employment lawyer assess your position before you sign anything.
Common mistakes
Signing a settlement agreement immediately without legal advice.
Not building a file, leaving you without evidence.
Thinking that reporting sick automatically prevents dismissal.
Accepting a reason for dismissal that jeopardises your unemployment benefits.
Frequently asked questions (FAQ)
1. Can my employer dismiss me because of a conflict?
Only through the court or with your consent via a settlement agreement.
2. What happens if I report sick due to an employment dispute?
You are entitled to continued payment and reintegration, but the conflict must still be resolved.
3. Is mediation mandatory in a dispute?
It is not legally mandatory, but courts expect parties to try to resolve the conflict first.
4. Do I receive compensation upon dismissal due to a dispute?
Yes, at least the transition payment, and often more through a settlement agreement.
5. Does a lawyer help with an employment dispute?
Yes, a lawyer can mediate, negotiate and litigate if necessary.
Why Arslan Advocaten?
Specialised in employment disputes and dismissal
Experienced with mediation and negotiations
Often achieve higher payments through settlement agreements
Protect your rights during illness and reintegration
Conclusion
An employment dispute does not always have to end in dismissal. Often there are solutions such as mediation or adjustment of work. If dismissal is unavoidable, you can still ensure fair compensation and protection of your rights through a settlement agreement or legal proceedings.