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Evidence in Prohibited Dismissal in Rotterdam: How Do You Prove Discrimination?

Prove discrimination in Rotterdam with documents, witnesses, and reversal of the burden of proof. Indirect evidence suffices according to the Supreme Court, ideal for port and logistics workers.

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Evidence in Prohibited Dismissal in Rotterdam: How Do You Prove Discrimination?

In the bustling port city of Rotterdam, where thousands of employees work in logistics, port companies, and multinationals such as at the Maasvlakte or Erasmus University, everything revolves around solid evidence in cases of suspected prohibited dismissal. This article explains how to demonstrate discrimination, with tips tailored to the Rotterdam labour market.

Reversal of the Burden of Proof in Rotterdam Cases

Since the Work and Security Act (WWZ), reversal of the burden of proof applies (Article 7:670 paragraph 3 of the Dutch Civil Code). For 'sensitive' grounds for dismissal, such as discrimination based on origin in the diverse Rotterdam port companies or for female employees in the construction sector around the Van Nelle Factory, the employer must prove that it was not discriminatory. Rotterdam district courts apply this strictly in cases involving the Port of Rotterdam Authority or local logistics giants.

Practical Means of Proof for Rotterdam Employees

  • Documents: Exit interviews from Rotterdam personnel files, emails about shifts in the port, or notes from performance reviews at companies like Unilever.
  • Witnesses: Colleagues from Rotterdam trade unions such as FNV Haven or former employees who have experienced discrimination in multi-ethnic teams.
  • Statistics: Disproportionate dismissal of migrant workers in Rotterdam logistics or women in technical roles, supported by CBS data for the region.
  • Medical file: For illness-related claims, relevant for older employees in heavy port labour.

The Supreme Court recently ruled that indirect evidence suffices, as in similar Rotterdam court cases. Build a strong file with the help of local labour lawyers in the Rotterdam Legal Hub area and win your claim. Contact specialists at the District Court of Rotterdam for advice. (278 words)