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Richard Ouwerling LVH advocaten

Richard Ouwerling

Specialised in:
Employees and Conflicts

Education

Dutch law at the Erasmus University Rotterdam. Graduated in private law and company law in 2001. Richard wrote his thesis on the application of the seniority principle at the UWV. Successfully completed the specialist course in Employment Law at the Grotius Academy (2009).

Lawyer at LVH

Since January 2023.

Function and facts

Richard deals daily with reorganisations, employment conflicts, employment law aspects of mergers and acquisitions, employee participation law, competition disputes and unilateral changes to employment conditions. He specialises in collective dismissals, complex individual dismissals, occupational disability and employer liability.

Richard assists both national and international companies, particularly in the sectors Transport & Logistics, Construction & Real Estate and Retail. He has extensive litigation experience.

Expertise

Employees and Conflicts.

Competences

Excellent analytical skills and very pragmatic. Decisive and driven. Confidant and sparring partner for SMEs. Because of these qualities able to prevent and solve complex problems with personnel.

Registration of Legal Areas

Pursuant to article 35b, first paragraph of the Legal Profession Regulations Richard has registered the following areas of law in the register of areas of law of the Netherlands Bar Association: employment law. This registration obliges him to obtain ten training points for each registered area of law each calendar year in accordance with NOvA standards.

Personal characteristics

Committed, decisive, expert and clear.

Memberships / extracurricular activities

  • Richard is a member of the Rotterdam Employment Lawyers Association (VRAA) and the Dutch Employment Lawyers Association (VAAN).

Richard writes many accessible articles on current employment law topics.

Articles

Suspension and annulment of non-competition and non-solicitation clause: the balancing of interests

June 20, 2023|

A non-competition clause can be challenged by employees if the clause unfairly disadvantages the employee. But how should an employer defend against this? In this article, on the basis of a concrete example, a judgment from the Amsterdam Court of Appeal, we examine in more detail the suspension (interlocutory proceedings) and nullification (proceedings on the merits) of a non-competition and non-solicitation clause and the balancing of interests that takes place.

Passenger claims 261/2004: Effect of extraordinary circumstances

June 9, 2023|

Regulation 261/2004 allows passengers to claim lump-sum compensation in case of cancellation or long delay, unless the cancellation or delay of the flight is due to extraordinary circumstances and the airline has taken all reasonable measures. But what if the extraordinary circumstance occurred on a previous flight? In this article, we look at extraordinary circumstances and reasonable measures and the effect of extraordinary circumstances on successive flights in an airline's flight operations.

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