The last straw?
In a recent ruling, the subdistrict court in Eindhoven overturned the summary dismissal of a game presenter at Stakelogic Live Netherlands B.V. The employee, who had been with the company since 2022, was dismissed in December 2023 following a series of formal warnings. The subdistrict court ruled that the reasons given were not sufficiently serious to justify a valid summary dismissal.
Facts
The first warning dated from 9 June 2023, for unauthorised absence on 30 May. Following a traffic accident on 16 July 2023, the employee became unfit for work, and on 25 August she began her reintegration. During reintegration, three further warnings followed: one for not wearing the prescribed company uniform, one for missing an appointment with the company doctor, and one for posting a Snapchat video from a party. The last warning led to summary dismissal on 11 December. As far as the employer was concerned, this was the final straw.
Assessment
Stakelogic defended the dismissal by invoking its “three strikes and you’re out” policy, but the subdistrict court ruled that this approach had been applied too rigidly, without regard for the severity of the incidents. Neither any single incident, nor the combination of them, justified summary dismissal. None of the incidents was ever a repeat of an earlier one. Moreover, the employee had not been given the chance to give her side of the story, particularly regarding the posted video – which she should have been given, in light of her medical situation and the fact that it took place during her own time off.
By failing to have that conversation, the employer denied itself the opportunity to make a well-considered decision. A lighter sanction would have been appropriate here, and would also have better matched the employer’s own absence-management policy.
The subdistrict court overturned the summary dismissal and largely granted the employee’s claims. She is entitled to return to her position, and Stakelogic must continue paying her wages, including statutory interest and the previously promised bonuses. Stakelogic’s conditional counterclaim to dissolve the employment contract was rejected, partly because of the statutory prohibition on dismissal during illness.
Points for employers to note
This case underlines the importance of a careful approach to disciplinary measures. Employers must not only apply clear and consistent policies, but also weigh the context and severity of each instance of misconduct. Drastic measures such as summary dismissal should only be used as a last resort. Avoiding hasty decisions can prevent significant costs and disruption.
For the full ruling, click here (in Dutch).
Do you have questions about giving summary dismissal? Please feel free to contact our employment lawyers.
