On 24 January 2022, the employee informed the employer by WhatsApp message: “I tested positive, test again on Wednesday.” On 23 and 24 January 2022, the employee’s daughter posted a video on social media showing that she was on a ski holiday with her father in the French Alps.
When the employee returned to work on 31 January 2022, the employer said it no longer wished to continue the employment relationship. In a dismissal letter dated the same day, the employer confirmed it had summarily dismissed him.
The employee then claimed he had been visiting a friend in Germany. When asked whether he had actually had a COVID infection, he only provided a screenshot of a non-personalised public health service (GGD) test appointment and result dated 28 January 2022. The employer pointed out that this test result “could have belonged to anyone”. In response, the employee failed to produce any documents, facts or circumstances showing he had in fact tested positive with the GGD on that date.
The subdistrict court ruled that the employee had not told the truth about the reason for his absence. It concluded that he had, in fact, been on a ski holiday in France with his daughter in late January 2022. It was not established that he had had a COVID infection, or that he could reasonably have assumed he was infected. This constituted urgent cause for summary dismissal. The employee was rightly summarily dismissed.
For the full ruling, click here (in Dutch).
Questions about the above?
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