The subdistrict court judge rules that Nexperia was allowed to suspend an employee. In the summary proceedings initiated by the employee, the judge ruled that Nexperias interests outweigh the employees interest in being allowed to work.
Last autumn, both the Minister of Economic Affairs and the Enterprise Chamber of the Amsterdam Court of Appeal intervened at Nexperia: a global market leader in the development and production of semiconductors with its headquarters in Nijmegen. As a result of the Enterprise Chambers intervention, the CEO and director of Nexperia was suspended.
Nexperia was allowed to suspend employee
The employee who initiated the summary proceedings at the court holds a senior HR position at Nexperia and was suspended shortly after the CEOs suspension with retention of his salary. The employee speaks fluent English and Mandarin and was engaged by the suspended CEO to convey messages or decisions on his behalf at Nexperia. Although it cannot be established that the employee acted as a front man for the CEO, the current perception of him justifies his suspension.
Maintaining calm is necessary
The subdistrict court judge also considers that there is an exceptional situation at Nexperia and that it is of great importance to maintain calm both internally and externally. The return of the employee could disrupt that calm, as it might create the impression that the suspended CEO can make his voice heard again through the employee. Therefore, the judge rejects the employees claims and Nexperia does not have to admit the employee to his workplace.
No discrimination
The employee also claimed that there was discrimination based on race or origin, as several employees of Chinese nationality were suspended or dismissed. The judge ruled that it was not plausible in this summary proceeding that discrimination had occurred. In addition to the Chinese employee who was suspended, two colleagues with Dutch nationality left Nexperia. Two Chinese employees in Germany were management assistants of the suspended CEO. Due to his suspension, it is logical that there was no work available for these employees.
Case of another employee adjourned
Another Chinese employee simultaneously filed summary proceedings against Nexperia, but the parties jointly requested to adjourn the judgment in that case.
Link to the full judgment will follow as soon as possible.
Judgments
- ECLI:NL:RBGEL:2025:11027