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Evidence in Prohibited Dismissal in Delft: How Do You Prove Discrimination?

Prove discrimination in Delft with documents, witnesses, and reversal of the burden of proof. Indirect evidence suffices according to the Supreme Court, ideal for TU Delft employees.

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Evidence in Prohibited Dismissal in Delft: How Do You Prove Discrimination?

In Delft, with its thriving tech and education sector at TU Delft, prohibited dismissal occurs more frequently than you might think. This article explains how to demonstrate discrimination with local employers such as high-tech startups or university departments.

Reversal of the Burden of Proof in Delft Cases

Since the Work and Security Act (WWZ), reversal of the burden of proof applies (Article 7:670 paragraph 3 of the Dutch Civil Code). For 'sensitive' dismissal reasons, such as discrimination based on origin or gender in Delft companies, the employer must prove that it was not discriminatory. The sub-district court in The Hague handles many Delft cases and applies this rule strictly.

Practical Means of Proof for Delft Employees

  • Documents: Exit interviews, emails from TU Delft projects, and personnel files from local firms.
  • Witnesses: Colleagues from the Delft manufacturing industry or university who recognize discrimination patterns.
  • Statistics: Disproportionate dismissal of women or migrants in Delft tech companies, supported by CBS data.
  • Medical file: Essential for illness-related claims, often seen with overburdened researchers.

The Supreme Court recently ruled that indirect evidence suffices, as in a Delft-like case. Build a strong file with the help of a local labour lawyer in Delft or The Hague for successful claims in court. Contact the Juridisch Loket in Delft for free advice. (248 words)