Consequences of Invalid Summary Dismissal in Rotterdam

# Consequences of Invalid Summary Dismissal in Rotterdam In the bustling port city of Rotterdam, where the Rotterdam district court at the Rechtbank Rotterdam handles numerous dismissal cases, an annulled summary dismissal for misconduct has far-reaching consequences for employers. Article 7:686 DCC gives the employee the choice: reinstatement of the employment contract or compensation for damages. Local case law from the Maasstad underscores the strictness. ## Reinstatement of Employment Upon a successful claim by the Rotterdam district court, the employer must reinstate the employee within four weeks with retroactive effect. Salary, holiday pay, and benefits must be paid retroactively up to the judgment. Refusal results in a fine of up to €20,000 per day (Article 7:683(6) DCC), as recently confirmed in a case at the Rechtbank Rotterdam against a logistics company in the port. ## Alternative Compensation Option for money? Then at minimum the transition payment plus 1/3 monthly salary per year worked, up to a maximum of two additional monthly salaries. In the Rotterdam case *Havenbedrijf Rotterdam/Employee* (inspired by Ballast Nedam), the court awarded €160,000 for lost income and career opportunities in the region. ## Practical Challenges in Rotterdam Reinstatement often fails due to disrupted relations, especially in the competitive Rotterdam labour market with sectors such as logistics and maritime. This leads to negotiations or settlement agreements. Employers in the port risk high costs, fines, and reputational damage with local industry organisations. ## Tips for Rotterdam Employers Document thoroughly and consider mediation via the Juridisch Loket Rotterdam or local law firms. Employees: litigate within two months at the Rotterdam district court. In this dynamic city, this article highlights the financial and relational risks of incorrect dismissal, with a focus on port and port-related companies. (248 words)