Who should I ask for advice regarding OR questions. Fiddling with figures.

Questioner

Director has fired MT low due to financial losses that were made according to him. There has been a lot of fiddling with the figures this is in writing but he has gotten away with it so far. He initiated the dismissal himself by bypassing the Works Council, which makes it irreversible. Now the MT does not want to return because of this action. Incidentally, this MT is the face of the company, perhaps the director should have managed them differently, but he did not do so, but it is at the expense of the MT. The director always acts first before informing the Works Council, but then the step has already been taken and we as the Works Council can do nothing again. So you wonder what the point of our function as the Works Council is. According to the chairman of the Works Council, we have no decision-making power, to what extent is that the case? Otherwise, we can better use our efforts differently. We would like your advice and what are our rights as a Works Council. I myself have suggested to strengthen the lawyer that was previously deployed by the Works Council, but that does not seem to be the case because that would again entail high costs and the company is already financially in ruins according to the management. I have serious doubts whether that is really true because there is quite a lot of cronyism going on with regard to the accounting and the other 2 companies that belong to the management.

Lawyer

You can contact the FNV OR-Centrum. In addition, I would still have a conversation with a lawyer familiar with the right of participation, e.g. Sprengers Advocaten in Utrecht. Often the first conversation (max. half an hour) is free. You can also go to the company committee and then to the Enterprise Chamber of the Amsterdam Court of Appeal. from what I hear the time for (legal) action is there. I would not wait too long (anymore).

Questioner

Thank you for your quick response. So the advice is to use our lawyer? I suggested this but the chair of the Works Council does not like it because it would entail additional costs and she says that we have no decision-making authority. But that seems unlikely to me, otherwise we might as well stop and use our energy and time in the interest of the company? I am the one from the Works Council who thinks that we do not have to accept everything and agree because the management only informs us afterwards. But could I be wrong? Since a number of office staff members have already submitted their resignation themselves, I would like to be able to act in a correct manner and know what my rights are in this. In the interest of the company, but especially towards the staff to whom this happened. So why not go with the lawyer to the Enterprise Chamber of the Amsterdam Court of Appeal?

Lawyer

You and the Chairman disagree. You must first agree as a Works Council (majority). Otherwise you cannot act externally as a Works Council (member). Consulting a specialized lawyer is always wise.