Category Archives: Nieuwsbericht

Employer liable for employee burnout? Amsterdam Court of Appeal 20 September 2011 and The Hague Court of Appeal 27 September 2011 Within one week, two Courts of Appeal ruled on an employer's liability for employee burnout. One Court considers the employer liable, the other Court does not. What is the difference between the two cases? In [...]

Pedestrian gets insulation plate on head Amsterdam Court of Appeal dated 29 September 2015. In this case, a pedestrian is walking with his spouse along a footpath in Amsterdam. At one point, they pass a house where a removal is taking place. A mover is dropping insulation boards from the roof terrace, where another mover who [...]

Mistreatment of employee by supervisor after working hours: employer not liable Amsterdam Court of Appeal 11 August 2015. The ruling concerns an employee working as a cleaner at Bloemenveiling Aalsmeer. On 29 April 2008, a brawl ensued between the employee and his supervisor after work. On that day, the employee (and several other [...]

Occupational accident during welding work on ship. What if the cause of the accident is not established? Rotterdam District Court dated 1 May 2015. Facts: cause unclear On 10 August 2012, an employee suffered an accident at work while performing welding work in the engine room of a ship. The employee had no recollection of the [...]

What is a reasonable amount of damages? Overijssel District Court 23 February 2015 A pedestrian is hit by a motorist while crossing the zebra crossing. He suffers very serious injuries as a result, including a high spinal cord injury (paralysed on arms and legs), very serious brain damage, and he can no longer breathe independently. Communication with others is not [...]

Employer's duty of care in remote work Supreme Court, 5 December 2014 Facts Employee was employed by an employment agency with a transport company as a driver. His job was to transport garden machinery to a company in Spain. While unloading the garden machinery in Spain, the employee sustained injuries. His toe became trapped under one [...]

Employee falls two metres into culvert during mowing work Cantonal court in Gouda dated 8 November 2014. Facts In this case, an employee held his employer liable for an accident that happened to him while performing his work. The employer is engaged in the construction and maintenance of green spaces and provides [...]

Loss of earning capacity single mother, working full-time or part-time, domestic help and painting work, damages and reimbursement of legal costs Arnhem-Leeuwarden Court of Appeal 5 August 2014 This judgment concerns a nurse who has limited vision in the right eye as a result of a medical error made by the Antonius Hospital in Sneek. The hospital is liable for 60%. The [...]

Group leader care institution attacked by youths Amsterdam Court of Appeal 15 January 2013 This judgment concerns an employee employed by 's-Heeren Loo in Amersfoort. This is a care institution whose activities include supporting people with a mental disability. The employee is a group leader at a unit of 's-Heeren Loo that focuses specifically on young people [...].

ZZP-er suffers serious accident while working. Client liable for personal injury Supreme Court 23 March 2012. The ZZP-er had been engaged by Allspan B.V., a company engaged in processing residual wood. The ZZP-er performed repairs on wood processing machines. While performing his work, he climbed on a machine and entered the machine [...].