The court ruled in March that an employer had acted in a seriously culpable manner by taking insufficient action against an unsafe, sexist working environment. The employer should have taken measures, since it knew this situation was ongoing. This resulted in fair compensation of EUR 350,000.
Facts
The employee had worked as a trader at a trading firm since 2014. She was the only woman on her 45-person team. Her performance reviews were very good at first, but gradually worsened. In January 2020, she indicated she could no longer work for the employer, stating she was being intimidated and discriminated against. She had faced sexual and sexist remarks and innuendo. She was offered a EUR 277,566.03 settlement payment, including the transition payment. She did not accept this offer and sought dissolution of the employment contract with fair compensation of almost EUR 700,000 in the proceedings.
Ruling
The subdistrict court dissolved the employment contract. The facts and circumstances were such that the employment contract should end promptly, particularly since she had filed a dissolution request and indicated she no longer wished to work for the employer. According to the subdistrict court, the employer had failed in its obligation to ensure a safe working environment. It had dealt too lightly with its female employees’ interests and had taken too few measures to address the unsafe working environment, despite being aware of the situation.
Until recently, there was also no clear complaints procedure, and it was unclear how and to whom she could raise complaints. The employer should have made not only passive but also active efforts to ensure its female employees could work in a pleasant atmosphere. The conclusion is that the employer acted in a seriously culpable manner, resulting in dissolution of the employment contract.
According to the subdistrict court, it is plausible that the employee would have performed better within the team under different circumstances. She must, at a minimum, be compensated for loss of income, including bonus, through the end of 2021. She must also be compensated for the distress caused, and for the fact that resuming her career at this senior level will not be easy. The subdistrict court awarded fair compensation of EUR 350,000 gross.
For the full ruling, click here (in Dutch).
Questions about the above? Please contact one of Sørensen Advocaten’s employment lawyers. Call: +31 (0)10-2492444
