Inge de Laat has written an annotation in JAR 2024/105 of the judgment of the Court of Appeal of The Hague (the Court) dated 20 February 2024 (ECLI:NL:GHDHA:2024:211) on an employee’s possible duty to inform the employer about the view on Covid-19 vaccination. Inge’s annotation addresses various privacy aspects of this employee’s duty to inform.
The case concerned an employee, holding the position of director of security, who had not informed her employer of a refusal of corona vaccination. The employer applied for dissolution due to a disrupted working relationship resulting from a difference in position regarding the Covid-19 vaccination. The employer considers that the employee should have informed her supervisor about her position while the employee considers that her position not to be vaccinated should be respected by her employer. The Court holds that it is the employee’s free choice not to be vaccinated. This should be respected by the employer, including for an employee in the position of director of security. Despite the fact that the Court agrees with the employee that the employer acted rigorously by immediately pushing for the termination of her employment contract because of the employee’s vaccination stance, it is not the case that the employer acted seriously culpable. The dissolution order of the subdistrict court was therefore upheld by the Court.
Please read the judgment and explanatory annotation of Inge here.
