Suppose you have to go to court in an employment law case. How does this work?
My clients often find going to court very exciting. Often a lot depends on it, so tension because of the outcome and the importance is of course logical, but sometimes the tension is also caused by clients having a distorted view of how court cases go. This is for example due to court cases from American movies or TV series.
Cantonal court
If you go to court because of a dispute with your employer, you end up at the subdistrict court. So it is not a multi-judge court with multiple judges. The hearing can take place in a courtroom or in a small courtroom, sometimes as small as 20 square meters. You enter the courtroom and sit next to your attorney or proxy. The opposing party sits on the other side. Next to the district judge sits the clerk, who writes down everything that is said and keeps a record of it.
During the hearing, the district judge is sometimes very active and asks a lot of questions, preferably directly to the parties themselves. Sometimes a judge only hears what the parties have to say, leaves little of what he or she thinks, thanks the parties for coming, and tells them when the verdict will follow.
During the hearing, both parties are allowed to reiterate their positions, present new arguments and respond to each other's views in two rounds.
To arrange or not to arrange
In almost all cases, the subdistrict court judge tries to persuade the parties to come to a settlement at the end of the proceedings. It is always a good idea to be willing. The settlement meeting then takes place in the courtroom. After this, you tell the judge whether or not the parties have reached a settlement. Should no settlement be possible, a date will be set for the order or judgment.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about legal action. Please feel free to get in touch.
June 2024
