Supreme Court, 24 February 2012, LJN: BU8512
The Facts
On 10 May 2005, an employer and an employee, who has American
citizenship, concluded an employment agreement. Under this
employment agreement the employee took up employment in Amsterdam
as the agreed location of employment. Dutch law was declared to be
the governing law in the employment agreement. On 28 July 2006 the
employer gave (premature) notice of termination of the employment
agreement as of 1 October 2006. The employer neither asked nor was
granted permission of the UWV for this termination, as envisaged in
Article 6 of the BBA. In accordance with Article 9 of the BBA, the
employee set aside the notice of termination because of the absence
of this permission. Later on, the employment agreement was
conditionally rescinded at the employer's request. The key
question in this matter is whether the employer required permission
to give notice of termination of the employment agreement pursuant
to the BBA.
