Dissolution of the labor agreement and appeal
An employer can approach the court to dissolve the employment agreement of an employee, if there is a serious reason to no longer continue the employment relationship with the employee or if there are circumstances which would have constituted an urgent reason, if the employment relationship had been terminated immediately because of the circumstance. A hearing of the petition will then take place during which the judge will hear both parties. If the judge grants the request, the employment agreement will be declared dissolved and the employment agreement will no longer exist from the moment that is determined by the judge.
In principle, it is possible to appeal against a decision or ruling by a judge. However, pursuant to Aruban labor law, there is an exception to this. The law stipulates that it is not possible to appeal against a dissolution verdict. The verdict in the dissolution case is thus final. Considering the foregoing, if the judge intends to award a dissolution payment to the employee, it is possible that the judge will allow the employer to still withdraw the application for dissolution within a given timeframe. If the employer does not withdraw the dissolution case, the employment agreement will then be dissolved, and the employer will have to pay the dissolution payment awarded to the employee by the judge.
