Dispute with Employee

Conflicts in the workplace can lead to injuries due to illness, tension, or a bad atmosphere. Situations may arise in which you can no longer tolerate the presence of the employee. In such a case, you probably want to bring your employment contract to an appropriate end.

But problems with employees are not always related to dismissal. Other conflicts can occur: For example, when an employer wants to send an employee to work in another location but the employee refuses to do so. Or when an employee is injured due to an accident at work. Upon this kind of accidents, of course you will need to know the circumstances under which you can be held responsible.

When a work-related accident occurs, the judge quickly assumes the employer is responsible for the consequences. Knowing if the accident took place during workplace activities is critical. The employer is responsible for giving an answer and requesting a report from the Industrial Relations Commission.

If your employee is unable to work due to an accident for which someone else is responsible, you will still be obligated to payment and reinstatement. It is true, however that in certain cases, you can claim third-party damages that you have suffered as an employer in the form of compensation for the salary paid. If, as an entrepreneur, you want to get this compensation, the employee's cooperation will be very valuable given that you will need his or her medical information. You will have to prove that your employee's disability is directly related to the unlawful act (such as a car accident or a violent crime) carried out by the accused person.

It will also be useful to obtain a prior estimate of the equity and income of the responsible party. It would be unfortunate if, after investing time, energy, and money into an exhausting procedure, the accused party could not be held responsible for the damages due to a lack of financial means.

If you are unexpectedly affected by a conflict against your will, Gimbrère International Advocaten brings together specific knowledge in this field, which is essential to provide high-quality legal services.

« Back to overview