In January, the subdistrict court ruled that an employee who drank a juice box belonging to the employer had been wrongly summarily dismissed. The subdistrict court did, however, dissolve the employment contract.
Facts
The employee had worked for the employer (an aircraft maintenance company) since 2010, as a Ground Engineer. On 25 November 2017, the Director of Operations sent staff an email stating that taking food or drink from the aircraft was not allowed, applying a zero-tolerance policy. Video footage showed the employee drinking a drink box on 9 August 2020 while working inside an aircraft. The drink came from the aircraft’s fridge. This was discussed with him twice by his supervisors. During the second conversation, he was summarily dismissed.
Ruling
According to the subdistrict court, the summary dismissal had been wrongly given. The employer could have opted for a less far-reaching measure. It had not made its zero-tolerance policy sufficiently clear, and had not applied it consistently. The employer stated that accepting a drink was permitted in some situations. Apparently, drinking a client’s drinks was allowed in one situation but not in another. An employer applying a zero-tolerance policy is expected to communicate that policy and the consequences of breaching it clearly to its employees, and to apply it consistently. Moreover, the employee had performed well for more than ten years, had built his entire career there, and had never received a warning. Summary dismissal was therefore too severe a measure.
The employment contract was nonetheless dissolved. This was not on the ground of the employee’s serious culpability or a disturbed working relationship alone, but on the combination of these grounds. Alongside the transition payment, the subdistrict court also awarded the employee an additional half transition payment.
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
