NEW CHAMBER FOR AMICABLE SETTLEMENT LOWERS THRESHOLD TO LABOUR COURT

Since early January, the Antwerp labour court has had a Chamber for Amicable Settlement (CAS). This way, the labour court breathes new life into a legal mandate that was somewhat neglected for a long time.

Labour court judge Line Hellemans is one of the driving forces of the CAS and explains what it is about. “We want to lower the thresholds to court. These have been raised in recent years by, among other things, procedural indemnity, which can amount to thousands of euros,” Line explains. So, those who feel that their rights may have been adversely affected think twice before going to court.

How does the CAS change that? What is the difference?

Hellemans: “An amicable settlement is no court case. This means that no procedural indemnity needs to be paid. The procedure is even completely free of charge. In the CAS, the parties involved come together and try to find a solution together with the labour court judge. The labour court judge doesn’t pronounce a sentence, but tries to guide the parties towards a solution they both agree with. This conciliatory role has always been part of the mandate of labour court judges. However, until now, it was nothing more than a formal question at the start of the pleas. But by then, it is too late for that question. Both parties are completely prepared and their lawyers have worked hard on the case. The case has also already cost quite a lot of money. At that point, you’re obviously not going to choose reconciliation. The CAS offers parties the opportunity to reach an agreement a lot sooner.”

What disputes are eligible for reconciliation?

Hellemans: “All labour-related disputes between employers and employees. Public order disputes are not eligible. We suspect that mostly smaller cases will be handled by the CAS. Or cases that are less legally certain. In those cases, it probably pays more to reach a negotiated solution and avoid procedural indemnity. This also applies to trade unions: they need to pay procedural indemnity if they lose their court case. So, this is always a risk for trade unions. It has made them more cautious about starting legal procedures in recent years. More often than before, they hesitate to go to court. Especially if it is a close call and there is a real chance of losing. Through the CAS, they can now try to reach an arrangement that both parties are happy with.”

How does reconciliation work?

Hellemans: “There are no set rules. Parties are quickly called to reach a solution together. In the first case, this happened two weeks after the request. The president of the court is assisted by lay judges, as is the case in other cases before the labour court. They are representatives of trade unions and employers. Their specific expertise is crucial. And because they often have a lot of experience with negotiations, we prefer to have them around the table in the CAS as well.”

What if the reconciliation does not result in an agreement?

Hellemans: “Then a court case is still possible. This will be handled by a different judge from the judge-conciliator to guarantee the objectivity of the court.  The attempt at reconciliation is no longer important in those cases. The proceedings are completely separate. But we do hope that reconciliation works. Because, often, a mutual agreement leaves parties feeling better when everything is settled. It is a clear trend. People are more satisfied with a supported agreement. Right-holders aren’t always concerned with getting everything out of the case. It also isn’t always necessary to get to the bottom of things and see who has the better legal position. In those cases, reconciliation can definitely be a solution. Reconciliation goes beyond the classic ‘yes or no’: it is about both parties being able to close the dispute with a good feeling. They often don’t reach this conclusion between themselves, but they succeed when a neutral party is involved in the discussion. That is the role the CAS aims to play.”

The CAS only exists in Antwerp. What about the other courts?

Hellemans: “All labour courts are looking for ways to lower the access threshold. We have of course informed our colleagues in the other districts about our initiative. We keep them informed about our experiment. In the coming months, we will also evaluate and adjust the CAS. Hopefully, our model will be emulated in the other districts. But the reality is different for each labour court. Everyone seeks their own solutions with the resources at their disposal.”

Never Work Alone 2023 | Author: Jan Deceunynck | Image: Daniël Rys