This website uses cookies

Our website uses cookies from third parties to help us analyse and improve our services and products. You can opt-out of these cookies if you wish to do so. Read more.

picture

News, Case

The instant dismissal by Ryanair due to refusal to change work locations is upheld

donderdag 25 januari 2018

Last week, the decision of 4 December 2017 by the Subdistrict Section of the Subdistrict Court Oost-Brabant was published in Jurisprudentie Arbeidsrecht (JAR). In this decision, it is ruled that an instant dismissal by Ryanair Ltd. was lawfully given. An employee with Polish nationality structurally refused to cooperate in a change in her work location from Eindhoven to Dublin. Both parties agreed on an employment contract in which parties declared Irish law to be applicable. In addition, the employment contract explicitly stated that the employee could be transferred to another location at any time.

Competence of the Dutch court

As this was a cross-border dispute, the Subdistrict court first assessed whether the Dutch court was competent to assess this case. Although the employee performed only a small part of her work in the Netherlands, the Subdistrict court deemed itself to be competent in this case, due to the fact that the employee's home base was located in Eindhoven. The Subdistrict court protects the weaker party herein.

Applicable law

The next question the court needed to assess was which law is applicable to this case. Based on the Rome I regulation, it was established that Irish law is applicable due to the choice of law made by the parties. The Subdistrict court also established that including a unilateral changes clause and Ryanair's appeal to it are not in conflict with a Dutch binding judicial provision, so this has to be assessed according to Irish law as well.

Instant dismissal

According to Irish law, refusing a change in work location and the employee's refusal to appear at planned hearings is gross misconduct. Based on the Irish legal provisions, these are grounds for immediate termination of the employment contract. Therefore, the instant dismissal was upheld.  Consequently, all compensations claimed by the employee have been rejected.

In this case, Ryanair Ltd. was assisted by J.J. Croon and M. Bestebreurtje.

Mieke Bestebreurtje

employment law and employee representation

+31 (0)10 209 27 76
LinkedIn
Download vCard
Send e-mail
Mieke Bestebreurtje
Peter Verheijden

commercial cooperations, mergers and acquisitions, employment law and employer representation 

+31 (0)10 209 27 76 verheijden@lvh-advocaten.nl
Lisa Kloot

Employment Law and Employer Representation

+31(0)10 209 27 61 kloot@lvh-advocaten.nl
Yvonne Jansen

rental (contract and eviction), business and shareholders, property

+31 (0)10 209 27 75 jansen@lvh-advocaten.nl
Leoni van Westen

litigation, collection

+31 (0)10 209 27 75 vanwesten@lvh-advocaten.nl

More lawyers >
Zoek in artikelen
Bouwe Bos

litigation

+31 (0)10 209 27 63 bos@lvh-advocaten.nl
Marcel van den Ende

business and shareholders, road transport

+31 (0)10 209 27 45 vandenende@lvh-advocaten.nl
Daniël van Genderen

litigation, tender, business and government

+31(0)10 206 17 81 vangenderen@lvh-advocaten.nl
Peter de Graaf

insolvencies and reorganisation

+31 (0)10 209 27 52 degraaf@lvh-advocaten.nl
Yvonne Jansen

rental (contract and eviction), business and shareholders, property

+31 (0)10 209 27 75 jansen@lvh-advocaten.nl
Lisa Kloot

Employment Law and Employer Representation

+31(0)10 209 27 61 kloot@lvh-advocaten.nl
Jack Leeman

litigation, business and shareholders, property

+31 (0)10 209 27 75 leeman@lvh-advocaten.nl
Ben van Nieuwaal

business and government

+31 (0)10 206 17 81 vannieuwaal@lvh-advocaten.nl
Michelle Reevers

aviation, commercial contracts, business and shareholders

+31 (0)10 209 27 75 reevers@lvh-advocaten.nl
Hans Rijntjes

litigation, rental (contract and eviction), collection, business and shareholders

+31 (0)10 209 27 55 rijntjes@lvh-advocaten.nl
Rob Steenhoek

insolvencies and reorganisation, business and shareholders

+31 (0)10 209 27 52 steenhoek@lvh-advocaten.nl
Peter Verheijden

commercial cooperations, mergers and acquisitions, employment law and employer representation 

+31 (0)10 209 27 76 verheijden@lvh-advocaten.nl
Justin de Vries

insolvencies and reorganisation, business and shareholders

+31 (0)10 209 27 52 devries@lvh-advocaten.nl
Leoni van Westen

litigation, collection

+31 (0)10 209 27 75 vanwesten@lvh-advocaten.nl