PHILIPSBURG--The Court of First Instance has awarded damages to the tune of NAf. 62.052 to former Chief Financial Officer (CFO) of Social and Health Care Insurance SZV John Mario Zaandam, it emerged Tuesday.

 

Zaandam had filed a lawsuit against his former employer after SZV had decided not to renew his one-year contract, which expired November 1, 2014.

 

Zaandam contested the legality of his dismissal and requested the Court to order SZV to continue the labour agreement and reinstate him in permanent employment. He further claimed damages as SZV had not been acting as a good employer in this case. The Court ruled in this case on Wednesday, May 13.

 

Zaandam was hired by SZV on a one-year contract as per November 1, 2013, against a monthly salary of NAf. 15, 513.17, with a company car and telephone allowance. In the labour agreement it was agreed that with proper functioning of the employee the contract would be converted into a contract for an indefinite time.

 

On August 20, 2014, however, Zaandam received a letter from SZV Deputy Director Reginald Willemsberg in which he stated that in consultation with the Supervisory Board it was decided not to extend the labour agreement.

 

Due to the fact that as CFO Zaandam had access to the insurer’s financial data and systems, he was requested to stop working immediately. He retained his salaries until December 2014, but was requested to hand over his SZV credit card, access pass, the company car, keys and clicker for the parking lot barrier, as well as other SZV properties. He was escorted off the SZV premises by security guards on August 20, 2014.

 

Represented in Court by attorney-at-law Vivian Choennie, Zaandam claimed he had been fired on the spot, but Judge Koen Luijks rejected this claim, because Zaandam had retained his remuneration until November 2014.

 

The Judge found that the former CFO had been legally terminated. SZV had indicated that the labour agreement would only be extended in case of good performance, and according to SZV, which was represented in this case by attorney Jojanneke Deelstra, this had not been the case. The Court, however, found sufficient grounds to arrive at the conclusion that SZV had acted unlawfully and in violation of the principles of a good employer.

 

SZV had not heard Zaandam prior to its decision not to continue his employment, nor was he explained on which ground(s) it was decided not to extend his contract. The Judge also was critical of the fact that Zaandam was completely unexpectedly escorted out of the SZV offices and without prior notification. This was deemed in “blatant violation” of the principles of a good employer. Zaandam had requested the Court to order his former employer to pay him his due salaries until he turned 60. The Court said that was “far from being obvious.”

 

Based on standard calculations by regional courts in the Netherlands in similar cases, which take into account the approachability of the case and the years of service of claimant, the Judge decided to grant Zaandam damages to the amount of four times his gross monthly salary, which amounts to NAf. 62,052.68, including social premiums. SZV was also ordered to pay legal costs and fees of NAf. 3,380.50 in total.

 

The Daily Herald

 

In this case John Mario Zaandam was repreesented by attorney at law Vivian Choennie of law firm Fox & Associates. SVZ was represented by attorney Jojanneke Deelstra of HBN Law Sint Maarten.