District Court Rotterdam (Rotterdam location), 29 November 2023, ECLI:NL:RBROT:2023:12192
As an employer, you face many challenges, and a sick employee can create a particularly complex situation. A ruling from November 2023, in which a sick employee was wrongly summarily dismissed, underlines the importance of a careful approach to reintegration during illness. Here are some key lessons employers can draw from this case.
Background
In October 2020, an assistant sushi chef joined SushiPoint in Capelle aan den IJssel. In May 2023, she reported sick, with the company doctor concluding that she was fully unfit for work and that mediation would eventually be needed due to a disturbed working relationship. In the meantime, SushiPoint repeatedly – but unsuccessfully – summoned the employee to meetings at the restaurant to check on how she was doing. When she did not respond to these requests, SushiPoint suspended her pay. In an expert opinion, the UWV ruled that SushiPoint’s reintegration efforts had been inadequate. SushiPoint ultimately summarily dismissed the employee for failing to comply with the employer’s reasonable requests. The court annulled the summary dismissal.
For the full ruling, click here (in Dutch).
Pay attention
This ruling is relevant for employers of sick employees. First and foremost, it is important to respect the company doctor’s assessment of the level of incapacity for work. Insisting on an in-person visit offers no solution unless it is appropriate given the employee’s medical situation. Conversations about reintegration must be reasonable and proportionate. Employers should consider whether an in-person conversation is actually necessary, taking into account factors such as location and the employee’s circumstances. At the same time, the employee must communicate clearly about what they can and cannot do.
In addition, as an employer you should actively look for alternative ways to communicate, such as phone calls or video calls, if the employee is unable to travel to the relevant location. The employee should always remain reachable for the employer, unless unavailable due to medical appointments.
Failing to comply with rules on sickness-absence checks does not automatically amount to urgent cause for summary dismissal. A balanced approach to reintegration is therefore essential.
We are happy to help with questions about sick employees. Please feel free to contact our employment lawyers.
