Summary of Dutch Labour Law case
The employee was informed by his employer that his service will be terminated with immediate effect with a favourable compensation package. Before the employee left his office he e-mailed a list of customers, accounts and contact particulars to his company e-mail address.
The Employer subsequently dismissed the employee three (3) weeks later for misconduct.
The employer argued that the employee had an intend to use the information unlawfully to the detriment of the employer.
In court the employee argued that the employer was aware after the first interview of the alleged misconduct but he was only dismissed three (3) weeks later for misconduct.
Finding of the Court
The judge indicated that where an employer suspects serious he must first investigate the allegations. The time period between the alleged actions of the employee and the date of dismissal will be determined by the complexity of the case and availability of the evidence. The judge found that in this case the three weeks between the misconduct and dismissal is fair.
Summary dismissal is the ultimate remedy and it must be considered if the gravity of the misconduct warrants summary dismissal.
The Judge found that the send of information to the employee company e-mail address is not against any rules. According to the employer constitutes the intent of the employee to use the information to the detriment of the employer serious misconduct.
The judge found in this Dutch Labour Law case that the employer could not provide evidence that:
Dutch Labour Law principles
link to case
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