The District Court Zeeland-West-Brabant recently upheld a summary dismissal in a case involving a dishwasher at a hospitality venue in Zeeland who suddenly reported sick on Boxing Day and went home. The employer did not believe him, which led to summary dismissal.
Facts
The employee had worked at the hospitality venue in Zeeland since 2022. On Boxing Day, he reported sick at around 7pm – coincidentally right after receiving his Christmas bonus, which he had already asked about several times that day. He claimed to have a sore throat and said he was no longer able to work.
The employer accused him of giving an implausible sick note on one of the busiest evenings of the year. Threatening summary dismissal if he left did not stop the employee from leaving anyway. In fact, immediately after his dismissal, he went straight to another restaurant to apply for a job.
For the full ruling, click here (in Dutch).
Assessment
The job application, combined with the fact that the employee had no serious medical complaints that would justify a sick note, led the court to conclude that the employee was not actually unfit for work. A sore throat does not necessarily mean someone is unable to work. Although the employee also claimed, during the proceedings, to have had stomach and chest complaints, the court found this implausible, given that he was evidently well enough to apply for a new job immediately.
In short: the employee refused a reasonable instruction by leaving his workplace at that moment. In doing so, he created an unacceptable situation and acted in a seriously culpable manner. This constitutes grounds for a valid summary dismissal.
The employee had hoped to return to his old job and claimed damages and unpaid wages. Instead, he was ordered to pay the legal costs.
Are you dealing with unacceptable conduct from an employee? We are happy to help. Please feel free to contact one of our employment lawyers, without obligation.
