The lady started working as a dental assistant in a dental clinic in the east of the country in 2011. From September 2017 she has also worked there several days a week as a practice manager.
At the end of that year, the assistant visited the United States with her president, a dentist and owner of the clinic, for a three-day training course. The man presented unwanted sexual adventures.
For example, the dentist kissed her on the head and suggested that she spend the night together in his hotel room.
Broken business relationship
Events in the United States torpedoed the working relationship between the dentist and his assistant. After returning, the woman no longer wanted to be alone in a room with the man, and she had the opportunity. She no longer had to work as his assistant.
But in September 2018, the employer said he was not satisfied with the woman working as a practicing manager. He deprives her of these tasks unilaterally and reduces her salary.
In the same month, the woman filed a complaint about changing the dentist in the same room with her female colleagues. At the end of the month, she called out for the disease.
The working relationship became more strained
This is the beginning of a long period in which women are ill at home, and the relationship between the employer and employee is further strained. For example, a woman will go to court to protest against a unilateral change in her work activities and a cut in her salary.
A judge ruled in her favor in July 2019, prompting the dentist to pay her overdue salary. At the beginning of 2021, the UWV Benefits Agency will judge that the employer has done little to allow women to return to work.
In March 2021, nearly 2.5 years after the illness was reported, the employer applied to UVW for a severance permit for the woman due to her long-term inability to work.
After the UWV rejects the dismissal permit, the employer goes to court to still be able to fire the woman, in part because of a turbulent work relationship.
Claim for damages
The woman did not oppose the termination of the employment contract on this basis, but demanded compensation of 362,000 euros for the so-called “seriously blameworthy acts” by the employer.
From yesterday it became public pronunciation It appears that the Arnhem District Court ruled last October that the employer had already acted seriously.
The District Court notes that the dentist and his assistant view events in the United States at the end of 2017 differently, but rule that there was indeed sexual harassment there at the time due to inappropriate sexual comments and unwanted touches.
The sub-district court also found that it was established that the woman had suffered from this since then, and on the other hand because of this she eventually fell ill. According to the judge, the pedigree was “tightened” by returning her to the job and reducing salaries. Finally, the employer has not adequately fulfilled the reintegration obligations.
Tons of severance payments
This massive act of blame is now costing the dentist dearly, not even thinking about the years the employee has been sick at home.
A district court judge ruled that the woman was entitled to regular severance payments of approximately €12,000. In addition, the employer must also pay her additional severance pay. Although it is not the amount requested 362,000 euros, it is still a huge amount: 100,000 euros.
The attorneys for the dentist and the dental assistant were unreachable today for an explanation.
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