Avans+ University of Applied Sciences wants all 64 Indonesian nurses who started a work-learning program in Drenthe and Flevoland in 2021 to receive compensation of 7,000 euros. Avans+ also wants to pay extra money to the group of 14 former students of the university who reached a settlement with the judge last week.
The nurses will receive compensation because Avans+ never paid a promised relocation allowance of 7,750 euros. The court in Breda stated in a provisional ruling last week that the Indonesians are still entitled to the compensation.
If the (former) students sign the agreement with Avans+, they will receive 7,000 euros into their account, but they will also waive any new claims. In addition, they may no longer make negative comments or submit complaints about the university in the future.
Last Friday, Avans+ reached a settlement of 100,000 euros with 14 former students in the court in Breda. They also have to pay their lawyer fees from that money, which leaves them with less net money than their 50 fellow students.
The group of 14 thinks this is unfair and still wanted the full moving expenses compensation of 7,750 euros from Avans+, their lawyer Rob van der Pas said. In addition, they want compensation for the costs they have incurred in the legal proceedings.
“We understand that this is very uncomfortable for those students,” says Avans+ director Cris van Osch in a response. “They have put time and effort into it and then people who made no effort would simply receive money from us. We do not think it is reasonable to allow that difference to exist.”
The university therefore wants to transfer an amount of 1,000 euros to the group of 14 nurses with whom Avans+ reached a settlement so that they can pay their lawyer. They must also adhere to the condition that they no longer make negative comments about their former training institution. This condition is not stated in their settlement agreement.
In their case, Avans+ specifically states that they are not allowed to speak ill of the university to the Dutch Labor Inspectorate, the Immigration and Naturalization Service, the Tax Authorities and the press. Lawyer Rob van der Pas of the students believes that his clients are being ‘silenced’ by Avans+.
“My clients are well enough to come to the Netherlands to work here four days a week, but as far as Avans+ is concerned they are not allowed to say what they think of the treatment they have experienced from Avans+.”
Avans+’s lawyer, Justin Interfurth, disagrees. “That provision is intended to end the dispute between Avans+ and the students. It is not the intention to silence people,” says Interfurth.
Avans+ director Van Osch speaks of a decent and reasonable offer. He wants the matter to be definitively settled and not for both parties to start blaming each other.
Van der Pas says that the students he is assisting do not agree with Avans+’s offer to pay an additional 14,000 euros for legal costs. “This is the price apparently imposed on freedom of expression,” says lawyer Van der Pas.
According to Avans+, 31 of the 50 (former) students have now signed to receive compensation.