Dismissal due to poor performance

Your employer cannot simply dismiss you. They can only do so if they have valid reasons for dismissal.

An example of a reason for dismissal is dismissal due to poor performance. If your employer is considering dismissing you due to poor performance, it is crucial to know your rights. At Joosten Advocaten, we offer specialized advice and guidance during this challenging period, for example, in challenging your dismissal or negotiating atransition payment.

What is dysfunction?

Poor performance refers to failing to meet the expectations and requirements of a job. This can manifest itself in various aspects of work, such as performance, behavior, cooperation, or achieving objectives.

Some specific examples of dysfunction include:

• You often don't show up or show up late.
• You don't get along well with your colleagues.
• You do not have a good relationship with customers.
• You are unable to adapt to new developments that are being used in the company.
• Your work does not meet the required job requirements.

Unjustified assessment of poor performance

It often happens that employers want to dismiss an employee for poor performance, even though there is no valid reason for doing so.

The most common unjustified reasons for dismissal due to poor performance are dismissal after:

• Insufficient training or supervision
  Employers are responsible for ensuring that employees have the necessary skills to perform their work. An employee who has not been adequately trained or supervised to perform their tasks may therefore be unfairly dismissed on the grounds of poor performance.
• Unfair performance reviews
  Sometimes performance reviews can be subjective or based on managers' biases. If an employee is evaluated based on factors beyond their control or if no clear measurable objectives have been set, it may be unfair to dismiss them for poor performance.
• Personal conflicts
  In some cases, an employee may become the victim of personal conflicts in the workplace. If dismissal due to poor performance stems from such conflicts rather than objective performance issues, it may be considered unjustified.
• Medical issues
  If an employee has medical issues that affect their performance, the employer must offer reasonable accommodations or support before proceeding with dismissal due to poor performance.
• Inadequate feedback
  Employees must be informed regularly and clearly about their performance. If an employee does not meet the requirements, animprovement plan must be drawn up. Without constructive feedback and an improvement plan, the employee does not have a fair chance to improve and dismissal on the grounds of poor performance is not valid.

If you are dismissed, you are usually entitled to a transition payment and unemployment benefits. This also applies if you are dismissed due to poor performance.

Procedure for dismissal due to poor performance

Your employer must submit a request for termination of your contract to the subdistrict court. Your employer must be able to substantiate why there is a case of poor performance. A number of conditions have been established for this substantiation, which are included inArticle 7:669 of the Civil Code.

For example, it states that your employer must inform you in a timely manner of your poor performance and that you must have been given sufficient opportunity to improve your performance, for example by drawing up an improvement plan.

Joosten Advocaten will assist you in these proceedings to contest your dismissal. Our employment lawyers will contact your employer and assess your dismissal proposal. Pleasecontact usfor a no-obligation consultation.

Transition payment after dismissal

You are often entitled to a transition payment if you are dismissed due to poor performance. The transition payment is a type of severance pay that you are eligible for if your employer terminates your employment contract.

As long as there is no serious culpable conduct on your part, you are entitled to the transition payment. Even if the dismissal is caused by poor performance.

Have you been dismissed due to poor performance? Strict requirements apply. In the video below, employment lawyerPierre van Geffen explains what you need to take into account.