Introduction
The District Court Gelderland (ECLI:NL:RBGEL:2024:3456) recently ruled on a case in which an employee orally resigned from her contract, but later sought to have that resignation annulled.
Facts
The employee joined the employer on 15 October 2023 for a fixed term of six months. Two months into her employment, a conversation took place in which it emerged that she was not performing her duties adequately – something that had already been raised before. During this conversation, the employee stated that she no longer wished to work for the employer and agreed that the employment contract would be ended by mutual consent. The employment contract was thereby ended through the employee’s interim resignation and the employer’s acceptance of it.
The employee subsequently sought to have this resignation annulled, arguing that it did not reflect her true intention. She argued that the employer should have understood this, or should have looked into it.
Ruling
The subdistrict court ruled that this case involved a “clear and unambiguous” statement by the employee. A day after the conversation, she sent the employer a WhatsApp message stating that she was no longer employed there, which confirmed the resignation. The subdistrict court did emphasise that a statement by an employee aimed at ending the employment contract is subject to a strict standard, given the far-reaching consequences that ending the contract has. Where an employer could reasonably doubt whether such a statement reflects the employee’s true intention, the employer has both a duty to investigate and a duty to inform.
Click here for the full ruling (in Dutch).
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