Noord-Holland District Court, 31 January 2025, ECLI:NL:RBNHO:2025:906
Earlier this year, Noord-Holland District Court ruled on the summary dismissal of an employee who used his own Albert Heijn loyalty (bonus) card while shopping for his employer. Over nine months, this earned him more than EUR 1,700. The employee claimed various forms of compensation, but the subdistrict court rejected those claims.
Facts
The employee started working for a catering company on 1 July 2022. One of his tasks was doing the grocery shopping for the employer’s kitchen. For these purchases, he used his personal loyalty card. He then used the purchase stamps, bought with the employer’s money, for his own private shopping. He was summarily dismissed on 10 September 2024. The employee claimed he thought it was a free savings scheme and did not realise the purchase stamps were being paid for.
Ruling of the subdistrict court
The subdistrict court ruled that an urgent cause existed. The employee should have understood that purchase stamps are not free. After all, every receipt showed a subtotal and a higher final amount, each time roughly 10% more. In addition, the word “purchase” (koop) in “purchase stamps” (koopzegels) indicates that a purchase is involved. Furthermore, the fact that the employee had saved more than EUR 1,700 worth of purchase stamps in nine months showed that this could not have been a free benefit. The subdistrict court noted it was hard to imagine a supermarket simply giving away such an amount.
The employer suffered financial harm, and the employee had acted particularly carelessly, which weighed heavily given the trust required between an employer and its purchasers. The employee’s reliance on the employer’s duty to complain failed, as the employer could not be expected to individually check thousands of receipts per year.
Conclusion
This ruling confirms that unauthorised use of benefits financed by the employer can constitute an urgent cause for summary dismissal, even where the employee claims to have been unaware of the financial consequences. Employees are expected to be alert to what they charge on the employer’s behalf and to recognise when they are gaining a private benefit at the employer’s expense.
What does this mean for employers?
For employers, this case underlines the importance of clear internal agreements about making purchases and about the use of savings or discount schemes. Establishing clear policies, instructing staff, and spot-checking expense claims can help prevent misunderstandings.
Do you have questions about, or need help drawing up, clear agreements on this? Please feel free to contact one of our employment lawyers.
Click here for the full ruling (in Dutch).
