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Old 5th Nov 2018, 13:59
  #212 (permalink)  
ayroplain
 
Join Date: Sep 2005
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In Dutch law, if you want to lay somebody off, you will have to prove it is because of 1 of 8 possible grounds.
The only ground that Ryanair can use in this case is the a-ground. For this, they have to prove that they are firing those employees due to economic reasons.
Could you possibly list or link to the 8 grounds as I haven't been able to find them online? The use of the word "firing" is confusing the issue here even if you genuinely believe they are being fired ("dismissed")

He has ruled the pilots will have to stay based in Eindhoven, get their salary, and maintain their currency.
In researching more info on the NL laws it is necessary to find definitive rules that distinguish between "dismissal" of an employee and "redundancy" brought about by a company deciding to close its business.

This link is a summary of the redundancy payments situation in NL:

Redundancy payments in the Netherlands Netherlands Law Firm LVH Advocaten

On the face of it, it would be a ludicrous law that dictates that if an International company opens a branch in a NL town and then decides at some future point that it was not a good business decision to do so and wishes to close down it is obliged to comply with a law that says "the employees will have to stay based in the NL town and get their salary".

I couldn't find any law that states that and it is very hard to see how a higher court would agree with that decision.

During research I came across this Dutch case from earlier this year in which Ryanair's "dismissal" of an employee in Eindhoven was upheld in the courts. In this case Irish Law appears to have prevailed and the employee got no compensation.

https://www.lvh-advocaten.nl/en/the-...ons-is-upheld/
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