Avans+ University of Applied Sciences and fifteen Indonesian nurses reached a settlement in the court in Breda this afternoon. Together they receive a compensation of 100,000 euros from the educational institution.
The nurses followed training at the Brabant University of Applied Sciences and worked at healthcare institutions in Drenthe and Flevoland. They felt that they were misled by Avans+ about the compensation they received. In a lawsuit they demanded money back from Avans+.
The nurses came to the Netherlands in 2021. In addition to an internship allowance, the group would receive a one-off relocation allowance of 7,750 euros. Avans+ chose to divide that amount and pay it over 48 months. But this division was not allowed according to the tax rules.
At the start of the hearing in Breda, Avans+’s lawyer admitted that mistakes had been made about how the relocation allowance was arranged. “But that does not mean that Avans+ can now be obliged to grant additional compensation.”
The students had a presentation from Avans+ in September 2022 in which the error with the reimbursement was discussed and it was indicated that they would no longer receive that money.
The nurses’ lawyer indicated that the presentation had not gone over well. “They do speak Dutch, but their knowledge of Dutch tax law is lagging behind. It is also not customary in their culture to speak out against people who are higher in the ranking.”
During the hearing, many complicated details were discussed, such as payroll tax credits and other legal matters. The two parties seemed stuck in their positions, even after a court suspension to try to reach an agreement.
The judge then indicated that the two camps both had to write an amount on a piece of paper to indicate how far they wanted to go. The judge ultimately chose the amount of exactly one hundred thousand euros.
That amount is divided among the fifteen nurses. Avans+ promised that the amount will be transferred before Christmas.
Nurse Eva Agustin says afterwards: “I am very relieved. We are very satisfied with this result.” When asked whether the case has now been closed for them, she says: “The mental damage remains, but we believe we have received justice.”
The nurses’ lawyer is also happy with the outcome. “We had an excellent judge who had an eye for the personal circumstances of my clients and could deal with them empathetically. On the other hand, main and secondary issues were also separated to maintain an overview in this technical case.”
The nurses in Drenthe are still considering taking legal action against the healthcare group in Drenthe. As far as we know, the case between Avans+ and the nurses is now closed. Avans+ did not want to respond to questions about the lawsuit in court.