Didier Bellens counter-attacks

His lawyers chose the labour court to fire their first legal arrows. However, Belgacom's former CEO had a self-employed contract with the operator, which should have steered the proceedings towards the commercial court. The lawyers will therefore have to obtain the reclassification of the Belgacom/Bellens relationship as an employment contract. Didier Bellens must show that the company, via its board of directors, exercised or could have exercised a relationship of authority over him’, explains Christophe Delmarcelle, partner at Bird & Bird. A CEO who is subordinate to his board of directors is rare, but it can happen. In the case of Didier Bellens, I find it hard to believe,’ says Olivier Rijckaert, partner at Younity.

Didier Bellens' lawyers probably chose this procedure before the employment tribunal in the hope of benefiting from employment contract legislation, which is more advantageous for the dismissed employee. The procedure for dismissal on serious grounds is strictly governed by employment law. Serious grounds can be challenged on procedural grounds,’ comments Christophe Delmarcelle. Didier Bellens could also demand that end-of-year bonuses and holiday pay be included in the calculation of compensation. It will always be possible to take the matter to the commercial court,’ replies Christophe Delmarcelle. But it's not certain that it will come to that. According to the lawyers we contacted, this type of case rarely ends up in court. Taking legal action is a way of asserting our determination and seriousness. But my feeling is that this case will be settled out of court after the elections,’ concludes Christophe Delmarcelle. According to John Bigwood (Simont Braun), Didier Bellens' lawyer, his client is calm about the rest of the proceedings: ’He's doing very well. He's taking a sabbatical.