Article in Entrance: “Resignation”

By Published On: 01-10-2017Categories: Dispute settlement, Statements & current affairsTags:

THE RULES OF THE GAME FOR DISUNCTIONING EMPLOYEES 

Fire an employee who is not performing well? The subdistrict court is strict. If you, as an employer, cannot demonstrate that you have done everything yourself to make the person function better, the application for dismissal will most likely be rejected.

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Article in Entrance: “Rentals”

“The landlord increased the prices of the property every year, but he hasn't done this for 2 years, maybe he forgets. Can he still claim an overdue amount later?”

No valid appeal to non-compete clause in franchising

On 28 February 2017, ECLI:NL:RBGEL:2017:1469, the provisional relief judge of the District Court of Gelderland ruled on whether a franchisee could be bound by a non-compete clause.

Structurally unsound revenue forecasts from the franchisor

On 15 March 2017, the District Court of Limburg ruled in eight similar judgments (including ECLI:NL:RBLIM:2017:2344) on the franchise agreements of various franchisees of the P3 franchise formula.

Franchisee obliged to cooperate with formula change?

On 24 March 2017, ECLI:NL:RBAMS:2017:1860, the preliminary relief judge of the Amsterdam District Court once again considered the issue in which Intertoys wishes to convert Bart Smit's stores

Delivery stop by franchisor not allowed

On 9 February 2017, the preliminary relief judge of the District Court of Gelderland, ECLI:NL:RBGEL:2017:1372, ruled that a franchisor had not fulfilled its obligation to supply the franchisee

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