Help with Unlawful Dismissal | Free Advice


Questioner

I worked at a supermarket as a side job for years, and never had any complaints about my work. A week before I turned 20, I was told that I no longer had to come in due to poor performance. However, there was absolutely no reason for this and I suspect that I was fired because I was 'too old' and therefore too expensive. Can I go to court with this, and if so, what do I gain from it?

Lawyer

An employment contract can only be terminated if you agree to it or if the court dissolves it or if the UWV gives your employer permission to terminate the employment contract. Because none of this has apparently happened, you can (within 2 months of your dismissal) invoke the nullity of your dismissal, declare yourself willing to continue performing the agreed work and demand continued payment of your salary. Your employer will then still have to go to court or request permission from the UWV or enter into negotiations with you about the termination of your employment contract. It is not excluded that your employer will have to pay you some compensation for this, which will also depend on the reason for the dismissal and the duration of your employment contract.

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