On 4 June 2020, the District Court The Hague ruled that an employee had rightly been summarily dismissed for carrying out side work, even though his employment contract contained no side-activities clause.
The employee worked as a work planner and estimator at a construction company. In December 2019, the employer overheard him on the phone discussing two assignments unknown to the company. The employer also saw him using a USB stick. It then checked his computer and found non-business-related information among the deleted items. The employer summarily dismissed him and confiscated the USB stick, which contained price lists and other financial, personnel, tax and other relevant company data.
The grounds cited for the summary dismissal included: carrying out work for a competitor during working hours without permission, using the employer’s resources, and using confidential business information without authorisation.
The employee brought proceedings, asking the subdistrict court to annul the dismissal. The employer sought damages, arguing the employee had given it urgent cause for summary dismissal.
The employee argued his side activities were favours for friends, carried out during breaks and outside working hours, and that they even generated work for the employer. The employer was able to prove this involved a significant number of hours during working time. The employee pointed out that side activities were not prohibited.
The subdistrict court held that, although nothing was regulated about side activities in the employment contract, the employer was still entitled to trust that the employee would handle its resources and confidential business information properly. He had damaged that trust to such an extent that the employer could no longer be required to continue the employment relationship. The subdistrict court ruled that the summary dismissal had rightly been given. The employee must pay the employer damages equal to the notice period (EUR 8,136.60).
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
