Advice on Unfair Dismissal | Legal Aid Office

Questioner

In October last year I agreed with the employer to start as a fitter on location. Upon arrival on location within two weeks I was introduced by the 'location manager' on location as a lubrication technician. When I reacted surprised and told him that I had been hired as a fitter, the location manager became irritated and told him that no fitter was needed but a lubrication technician, I told him that I had not come for that. In January this year the lubrication technician of the location was hired by the employer, and less than two weeks later I was taken off location and worked in the workshop of the employer. The 'location manager' told me that it was busy in the workshop due to a maintenance stop of another factory. But the person who interviewed me for the position and the work planner in the workshop actually said as much as that there was just work in the workshop and not so much the stop was the reason. Still the maintenance stop work was completed, and after this was done I was called aside on Friday afternoon at half past three and told that my services were redundant. They were prepared to pay for another week, and the following week I was put on inactive. In my opinion, they never intended me to be an on-site technician and they were not willing to let me do the work I thought I had applied for. I joined the employer through a recruitment agency. How should and/or can I approach this situation? Should I just keep working even though I have been suspended?

Lawyer

You write that you 'have joined the employer through a recruitment agency'. I suspect that you mean that you are employed by the employer. Please confirm (or deny). Furthermore, in order to properly assess your situation, it is necessary that you indicate what kind of agreement you have (for how many hours, for how long, etc.). For now, I can only advise in general that you protest the dismissal in writing as soon as possible, stating that you are available to work and that you are entitled to your wages.

Questioner

I am indeed employed by the employer, for a fixed period, namely from 1 November 2012 to November 2013, 40 hours a week. Trial period 1 month, then a one-month notice period.

Lawyer

Then it is clear to whom you should protest the dismissal as soon as possible by registered letter, and indicate that you are available to work and claim your wages. You can find an example text on this site at http://www.rechtswinkel.nl/documenten/13/protestbrief-tegen-ontslag.html. It is also advisable to engage an employment lawyer to assist you and, if necessary, to file a wage claim and request reinstatement on your behalf. NB: Simply agreeing to this dismissal means that you may lose your benefit rights. You can contact one of the employment lawyers here directly without any obligation, for example via the 'direct contact' link that you will see with this answer if you are logged in. I'm happy to help you with this.