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In a ruling, the District Court of East Brabant confirmed that employers are strictly bound by agreements recorded in a court record. This case (ECLI:NL:RBOBR:2024:5658) revolved around a dispute over the content of a testimonial. The employee and employer had agreed to terminate the employment contract during earlier court proceedings. This included an agreement that the employee would receive a “positively worded” testimonial. When this was not provided satisfactorily, the employee again went to court. The ruling sheds important light on the obligations of employers and the rights of employees.
The background of the case
During earlier legal proceedings, the municipality (employer) and the employee had decided to terminate the employment. The agreements on this, including the obligation to provide a positive testimonial, were recorded in a court record. This court record makes the agreements binding.
At the end of employment, however, the employee received a neutral testimonial. The testimonial contained a listing of duties and dates, but no explicit positive evaluation of her work. The employee claimed that this was not in line with the agreements made and requested a correctly worded testimonial from the employer in court.
The essence of the ruling
The court fully agreed with the employee and ruled that:
- Agreements from a court record are binding: the employer must comply with these agreements, including the obligation to provide a positively worded testimonial.
- A neutral testimonial does not suffice: merely omitting negative information does not automatically make a testimonial positive. The testimonial must contain explicit appreciation for the employee’s performance.
- The employee’s interest remains: even with a new job, the employee retains an interest in a correctly worded testimonial, in view of future job applications.
The municipality was ordered to provide a new testimonial within three days, subject to a penalty of €1,000 per day.
Why is this ruling important for employers and employees?
For employers:
- Strict compliance with agreements: agreements recorded in a court record are legally enforceable. Non-compliance can lead to sanctions and penalties.
- Clarity in documents: employers must be clear and complete when drafting testimonials, especially if specific agreements have been made.
For employees:
- Enforce rights: employees are entitled to a correctly worded testimonial if agreed upon. This can be essential for future career opportunities.
- Legal protection: a court record provides strong legal protection. In case of conflict, the employee can enforce compliance through the courts.
Conclusion and advice
This case highlights the importance of clear agreements when terminating an employment relationship. Employers should be aware of their obligations and employees should actively protect their rights.
Are you an employer or employee facing a similar dispute, or would you like advice on employment law issues? Do not hesitate to contact Maria Ok. As an employment law attorney in Amsterdam, I am happy to help you resolve your legal issues and protect your interests.
