Summary dismissal for fraudulent bereavement claim
Noord-Holland District Court, 17 April 2025, ECLI:NL:RBNHO:2025:4508
In a recent ruling, the court held that an employee had rightly been summarily dismissed for deliberately deceiving her employer. The employee lied about her son’s death and handed over forged documents to obtain a financial contribution from her employer.
Facts
The employee started working for the employer as a safety expert for a period of six months. In the second week of her employment, she did not show up at the agreed workplace. She informed her project leader that she was absent because her son was, she claimed, seriously ill and in hospital. A few weeks later, she claimed her son had died. During a phone call, she stated she was in financial difficulty, partly due to insufficient insurance coverage for funeral costs. In response, the employer expressed its condolences and, as a gesture of goodwill, transferred EUR 2,000.
To account for this payment administratively, the employee was asked to provide an invoice for the gravestone. She then sent both an invoice and a digital funeral card. These documents, however, turned out to be forged, after which the employee was suspended pending an internal fraud investigation. This investigation confirmed that the employee’s story was untrue and that her son had, in fact, not died. The employee was subsequently summarily dismissed.
The employer claimed damages of EUR 45,000, consisting of, among other things, the costs resulting from the irregular termination of the employment contract, the amount already paid for the alleged gravestone, wage costs during wrongly granted leave, costs for temporary replacement of the role, and the costs of the internal fraud investigation.
Ruling of the court
The employee did not appear at the hearing and put forward no defence. The subdistrict court granted almost all of the claims, with the exception of a VAT component. The court classified the employee’s conduct as exceptionally serious and ordered her to pay almost EUR 45,000, plus statutory interest and legal costs.
Conclusion
Summarily dismissing an employee remains legally complex and risky. Do you doubt whether a summary dismissal is justified, or would you like an assessment of your options? Please feel free to contact one of our employment lawyers.
Click here for the full ruling (in Dutch).
