UWV grants application after employee refuses to reintegrate

My client, a private company, took on an employee on 1 September 2010 in the role of senior account manager. From January 2011, the employee was regularly absent due to his own health and his girlfriend’s health. In January 2012 he was absent without notice on several occasions. Finally, after discussing the situation with my client, the employee went on sick leave at the end of January 2012.

My client was only successful in contacting the employee by telephone once following his appointment with the company medical officer. My client pointed out to the employee on several occasions the importance of attending appointments with the company medical officer. The employee ceased to respond to any contact. He also failed to attend his appointments with the company medical officer, without giving any notice. In his analysis of the problem, the company medical officer advised that a reintegration process was necessary. He advised that the employee should resume the same position. A key aspect was that my client and the employee should regularly evaluate the situation together and discuss how the reintegration targets were progressing. My client attempted to contact the employee to agree a plan of approach, but unfortunately the employee did not respond to these attempts.

On my client’s behalf, I requested the employee on several occasions to contact his employer and the company medical officer and cooperate with the reintegration process. At the same time, I gave notification and warning to the employee, on my client’s behalf, that if he did not comply with his reintegration obligations my client would cease payment of his salary. No response was received from the employee.

As the conduct of my client’s business was being hindered by the employee’s failure to cooperate and my client no longer had any confidence in the employee, I submitted an application for dismissal to the Dutch Administrative Office for Employed Persons’ Insurance Schemes (Uitvoeringsinstelling werknemersverzekeringen or UWV) Work Company on behalf of my client. The employment relationship with the employee could no longer be continued in this manner and my client was forced to request the permission of UWV Work Company to terminate the employment contract.

UWV Work Company attempted to contact the employee to give him a fair hearing. The employee failed to respond, following which my client’s application for dismissal was granted. I then terminated the employee’s contract on my client’s behalf, giving the appropriate notice period.

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