Did chronic illness play a role?

26 May 2025

Did chronic illness play a role?

By Seliz Demirci

It is up to employers to decide whether or not to renew a fixed-term employment agreement. There can be various reasons for not extending an employment agreement: the employee may not fit well within the team, their performance may not meet expectations, or there may simply not be enough work available.

An employer is not required to provide a reason for not renewing an employment agreement. In principle, this is also permitted if the employee is incapacitated for work. However, when deciding not to renew due to illness, it is essential that the employer acts with due care.

A recent court case concerned an employee who had joined an organisation on a fixed-term employment agreement on 14 September 2020. After her contract ended, the employee claimed, among other things, a fair compensation. Her claim was based on the argument that the employer had acted in violation of the Equal Treatment Act on the grounds of disability or chronic illness (Wgbh/cz) by not renewing her contract because of her chronic illness (breast cancer). The key question was whether the employer had acted in a seriously culpable manner by failing to extend her employment contract for this reason.

The records

The subdistrict court ordered the employer to prove that the employee’s illness had played no role in the decision not to renew her contract. The employer submitted a written statement from an HR officer, asserting that the employee’s illness had not been a factor in the decision. However, the records also showed that no warning signals had been given to the employee about a possible non-renewal. She had been performing well, and there were no issues concerning her conduct.

Clarification

The HR officer further claimed that management had other reasons for not renewing the contract, however, shewas unable to explain what those reasons were. The judge concluded that the employer had failed to demonstrate convincingly that the employee’s illness had not played a role in the decision-making process.

Assessment

As mentioned, an employer is not obliged to provide reasons for non-renewal of an employment contract, but in the assessment of the evidence, this does carry weight. Especially since it was clear in this case that the employee had been performing well. On this basis, the court concluded that there had been prohibited discrimination on the grounds of a chronic illness, and that the employer was seriously at fault for not renewing the employment contract. The employer was therefore ordered to pay the employee fair compensation of €10,000. This compensation took into account the seriousness of the employer’s misconduct, the employee’s loss of income, as well as the emotional distress she had suffered.

Rechtbank Zeeland-West-Brabant, 5 juli 2024, ECUI (verkort): 6680.

More information

Do you have further questions or would you like to arrange an appointment? Please feel free to contact us.

Related blogs

Previous slide
Next slide

11 February 2026

Love in the workplace: boundless?

Valentine’s Day is approaching once again, which raises the question: what should be done if a romantic relationship between colleagues leads to tension and problems in the workplace? If such a relationship has a negative impact on work performance or the working atmosphere, is an employer allowed to prohibit a relationship between employees, or to impose limits? These questions regularly arise in practice and legal proceedings.

Read more

Read more about

22 January 2026

What to do if an employee does not cooperate with reintegration?

When an employee is (long-term) sick, reintegration is a joint obligation of both the employee and the employer. But what if the employee refuses to cooperate in this process? What can you do according to the law? What steps are required?

Read more

Read more about

15 January 2026

Works council’s right to be consulted in an international group

The works council (ondernemingsraad, OR) is entitled to all information that it “reasonably” needs to provide advice on, for example, a reorganisation.

Read more

Read more about

3 December 2025

Don’t count the number of warnings

That five official warnings do not automatically justify a lawful dismissal was once again confirmed in a recent ruling by the Gelderland Subdistrict Court.

Read more

Read more about

30 October 2025

Heineken employee facing termination? We offer legal advice

Heineken has announced a large-scale reorganisation, as a result of which many positions will become redundant. Those employees will be offered a settlement agreement to which a so-called social plan will apply. If this applies to you, please continue reading…

Read more

Read more about
All articles