Hoens & Souren Advocaten

Two years continued payment of salary during illness is more than enough!

A company in Zoetermeer had an employee who fell ill. Things had come to a head: talking and working became impossible, yet the rehabilitation obligations continued.

Our assignment

Hoens & Souren were engaged by the employer. Our assignment was to get the rehabilitation back on track and to keep the costs of the sickness absence as low as possible.

Our approach

at first, we helped our client behind the scenes, but when the employee became obstinate we came out into the open. A lawyer had appeared for the employee in the meantime, but his stance did not prove constructive either.

We first tackled the rehabilitation. After a period of one year we sought an expert opinion from the Employee Insurance Agency. The Employee Insurance Agency concluded that our client had met the rehabilitation requirements, despite the obstinate stance of the employee.

Our focus for the second year was on the issue of finding work elsewhere, and our client was to engage a rehabilitation agency. We also threatened to withhold the salary if the employee refused to cooperate. This resulted in the employee becoming more cooperative.

The result

After two years of illness, the employer had done more than enough and was able to part ways with the employee, who in the meantime had found another job. Our strict approach ensured that our client was not obliged to pay a further year’s salary.