Gerechtshof Den Haag, 10 December 2024, ECLI:NL:GHDHA:2024:2394
A teacher was dismissed after publishing artistic nude photographs of himself online. On appeal, the Court of Appeal The Hague upheld the dismissal, but nevertheless awarded the employee a gross fair compensation of €10,000, citing concerns around freedom of expression.
Facts
The employee, a teacher, published nude photographs of himself online that he described as artistic in nature. The school considered this incompatible with his position and dismissed him. The employee contested the dismissal, and the case ultimately reached the Court of Appeal The Hague.
Ruling of the Court of Appeal
The Court of Appeal restored the dismissal, agreeing that the employer was entitled to end the employment relationship. At the same time, the Court took into account the employee’s right to freedom of expression and the artistic character of the photographs. Balancing these interests, it concluded that a fair (gross) compensation of €10,000 was warranted, even though the dismissal itself stood.
Conclusion
This ruling shows that a valid dismissal does not automatically rule out an award of fair compensation. Courts will still weigh an employee’s fundamental rights, such as freedom of expression, even where the underlying conduct justifies dismissal. For employers, this means that “being right” about the dismissal itself does not guarantee there will be no financial consequences.
Do you have questions about dismissal in relation to an employee’s private conduct or online activity? Please feel free to contact our employment lawyers.
Click here for the full ruling (in Dutch).
