Uitspraak
1.De procedure
2.De feiten
On the 11th of September, together with your manager [naam 2] , we had a conversation with you to address very strong concerns about your performance in your role as CCO. The problems were discussed with you earlier. The reoccurring problems lie internally and externally.
- Leadership and team management
I received the Performance Improvement Plan and accompanying writing last Friday night.
Your email states that there are serious concerns about my performance and that these problems would have been discussed with me earlier.
You point out that you do not think the criticism of your performance is justified. We value your opinion, however as an employer we must ensure that employees, and especially in a position like yours, function internal and external at the desired and necessary level. Unfortunately, this is at this point not the case with you.
Unfortunately, you don’t address the content of my email, nor are you willing to have a substantive conversation about it with me or take a closer look at my performance.
Further to your email today, we unfortunately must conclude from your response that you are not willing to be self-critical based on your findings with respect to your performance. Furthermore, we still do not see the willingness to commit to the PIP that we really feel is necessary. This is all very unfortunate and seems to create an irreversible situation.
I believe that your client cannot simply ignore the contents of this letter.
(…)
(…) Your conclusion that there is an (almost) irreparable disturbed relationship is not shared by my client. If there is a disturbed relationship, it is caused by your client.
(…)
Publicis has good reason to stipulate that your client is not functioning sufficiently in this important role and has also argued this
your client followed a coaching program but this does not yield sufficient results
your client’s functioning is discussed at various times also with the HR director, including recently a PIP proposal
during the previous discussions it already became apparent that your client was not receptive to the complaints about his functioning and stipulated that he will not cooperate with the proposed PIP, stating that he would function sufficiently, and even very well
your client is not open to criticism, nor to be critical himself, which may be expected in his role
your client only wants to speak with respect to his functioning in the context of the PIP in the presence of a lawyer, which is definitely unworkable and does not fit in with a normal employment relationship
your extensive response shows that there is a huge difference of opinion considering the interpretation of your client’s role and its position within the company, as well as a irreconcilable difference in views on his functioning
based on your client’s positions, it has become clear that the differences are indeed irreconcilable and that a PIP would not change the situation if your client would cooperate given his view on the role and his own performance
your client now also states that Publicis is proclaiming falsehoods