The subdistrict court ruled that an employer’s refusal to grant leave, and the employee consequently losing his new job, does not qualify as urgent cause. The employee was not entitled to end the employment contract without observing a notice period.
Facts
The employee had been employed since 1 August 2019. On 17 March 2021, he resigned to take a new job. The employer then stated that he had to observe a one-month notice period, meaning his end date would be 1 May 2021. The employee said he would stop working immediately, since his employer would not cooperate with his leave request, meaning he could not start his new job on time. From 1 April 2020 (sic), he no longer carried out any work for the employer. The employer stated it did not agree to him leaving as of 1 April 2021, that he was thereby in breach of contract, and that it was suffering damage as a result.
Assessment
The urgent cause cited by the employee was the employer’s refusal of his leave request and the resulting loss of his new job. The subdistrict court ruled that this does not constitute urgent cause for dismissal. The employer had a compelling interest in refusing the leave: it needed the employee in April to handle a large volume of orders. Losing the new job also cannot be regarded as urgent cause. Arrangements with the new employer were the employee’s own risk. He knew his notice had been shifted to 1 May 2021 and could have made his own arrangements with the new employer accordingly. There was therefore no urgent cause.
The absence of urgent cause means the employee is liable for damages to the employer. The subdistrict court set the fixed statutory damages owed by the employee at one month’s salary. He was also not entitled to his April salary, since not carrying out the agreed work in April should reasonably fall to his own account – he had, after all, wrongly terminated the contract as of 1 April 2021 without observing the one-month notice period.
For the full ruling, click here (in Dutch).
Questions about an employee owing one month’s damages?
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