In mijn vorige blog (yesterday te lezen) heb ik uitgelegd wat een representation is (nl. een mededeling over een goed of service). Het woord misrepresentation geeft aan dat zo`n mededeling “onwaar” is. De misrepresentation kan bewust zijn gedaan (false fraudulent representation) by de partij die de misrepresentation deed, was zich niet bewust dat deze “onwaar” was (innocent false representation). Dan is er ook nog een by negligent misrepresentation: degene die de mededeling deed, was nalatig in de zin dat éls hij zorgvuldiger was geweest, hij had kunnen weten dat wat hij zei onjuist was. – 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; 1. The parties refrain from making statements to third parties about the content of this agreement and the circumstances that led to the agreement, with the exception of information that must be provided on the basis of the law.
Mr. de Groot is authorized to provide a copy of this agreement to the UWV (the Dutch Social Security Authority) if he applies for social security. Mr. de Groot will receive his usual salary and emoluments until the date of dismissal. Until March 1, 2018, Mr. de Groot will continue to work as usual and will take care of a formal workover. From March 1, 2018 until the termination date, Mr. de Groot is completely exempt from work and the obligation to report in the workplace. During this exemption period, no refunds, travel packages will be due and no new days of leave will be accumulated. All other terms of employment will remain in effect until the termination date if no other agreement is reached in this agreement.
Finito herein informs Mr. de Groot of the legal cooling-off period giving him the right to terminate his transaction contract within fourteen days of the date of the conclusion of the agreement, without the need to explain why. It can do so by sending a written statement to the employer. Mr. de Groot therefore has the right to revoke his decision to accept this agreement within that time. 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; 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, is added to 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.
Mr. de Groot is required to inform Finito within two working days of employment elsewhere.