A just case for dismissal in the US and the Netherlands; a study on the extent of protection against arbitrary dismissal for private-sector employees under American and Dutch law in the light of Article 4 of ILO Convention 158

The just cause standard provides protection against arbitrary dismissal, by requiring a valid reason for dismissal. The author describes where the law in the United States and the Netherlands stands with regard to just cause protection, both in a national and international context. More specifically, she examines to what extent private-sector employees enjoy just cause protection under American and Dutch law. Furthermore, she examines to what extent the American and Dutch just cause standards meet the international just cause standard of Article 4 of Convention 158 of the International Labour Organization. Subsequently, through a comparison the author clarifies the similarities, differences and bottlenecks regarding just cause protection under the American at-will dismissal system and the Dutch dual just cause dismissal system. She concludes that in the ongoing proces of economic globalization both countries, despite obvious differences are in search of a new balance between flexible dismissal law for employers on the one hand, and just cause protection for employees on the other. The author finally examines whether and what both countries, in their search to strike this new balance, can learn from each other to overcome the bottlenecks regarding just cause protection, and offers suggestions in this respect. The aim of the research is to contribute to the ongoing debate on dismissal law in both countries.