Then let`s go back to rejection and resignation. The rejecting party, which is more contractual, may, in this case, claim damages or damages. Under Anglo-American law, in this case, compensation is referred to as an appeal. In the event of resignation for misrepresentation, it is up to the Tribunal to terminate the contract and to grant the injured person an appropriate remedy in the form of compensation if compensation was not (fair) fair. In English versions of Dutch-speaking contracts (i.e. Dutch contracts), you often consider resignation/resignation and refusal as a translation for “dissolution/dissolution”.” If we adopt the literal meaning of these words and look at what they represent in Anglo-American contract law, we will see that these two words are not a good translation of “dissolution/dissolution”. The use of these terms may even completely mislead an Anglo-American lawyer as to the legal consequences of what Dutch lawyers mean by “dissolution”. This agreement is governed by Dutch law and is interpreted accordingly, and the Dutch courts have exclusive jurisdiction to adjudicate all disputes under this agreement; In my previous blog (read here), I explained what a representation is (i.e. an ad about a good or service).
The word misrepresentation indicates that such an advertisement is “false.” The misrepresentation could have been made intentionally (fraudulent misrepresentation) or the party who made the misrepresentation was not aware that it was “false” (innocent misrepresentation). Then there is another misrepresentation: the person who made the announcement was negligent in the sense that, if he had been more careful, he might have known that what he said was wrong. In addition to the right to dissolve the worker mentioned above during the cooling-off period, the parties waive the termination of this transaction contract, as far as the law allows. – The contracting parties sign this settlement agreement, as mentioned in Article 7:900 and in the Dutch Civil Code, in order to avoid any uncertainty or dispute after consultation and careful consideration. Mr. De Groot received support from De Graauw Legal; If the provisions of this agreement are respected, the parties agree to each other full and final discharge and do not confirm any other rights under the employment contract, termination of the employment relationship or in any other way. 2. If Mr. de Groot accepts another position before the termination date, but not before 1 March 2018, the employment contract ends by mutual agreement, by derogation from Article 1.1, by derogation from Article 1.1, on the date on which his employment with the new employer begins (the “new termination date”). In this situation, half of the remaining salary, including the leave allowance and the year-end bonus for the period between the new termination date and the termination date of Article 1.1, was included in the severance pay. The obligation for the employer to continue paying the salary then ends with the new termination date. All other conditions of this agreement remain unchanged.
Where this provision applies, the new termination date replaces the termination date in this agreement.