Court of Appeal of Amsterdam, 23 March 2021 ECLI:NL:GHAMS:2021:849
The director of an anti-discrimination agency faced public backlash after participating in a protest against Zwarte Piet during a parade in light of the arrival of Sinterklaas. His critical remarks toward the police, recorded and broadcast by NOS, led to negative publicity. Additional actions, such as filing police reports and contacting politicians, reinforced perceptions of the employee acting as an activist – behaviour which was at odds with the board’s vision. Concerned that these ideologically driven actions could jeopardize the agency’s continuity, the board found the working relationship with the director increasingly strained. This ultimately led to the termination of his employment. However, the court was of the opinion that both parties were deemed responsible for the situation since the employer failed to adequately attempt to repair the working relationship. The Court therefore awarded the director €60,000 in fair compensation.
Court of Appeal of The Hague, 24 December 2019 ECLI:NL:GHDHA:2019:3370
A single mother of four, employed as a supermarket manager, was summarily dismissed after an inspection revealed five unpaid chocolate letters in her bag. The court ruled the dismissal disproportionate because her personal circumstances had not been adequately taken into account. Among other things, the court cited the fact that the employee’s disabled daughter had suddenly gone deaf earlier that day and the stress that caused for the employee. Additionally, the court cited the low value of the stolen items. The dismissal was annulled, and she was awarded €3,397.84 in fair compensation, as the court determined that a less severe sanction would have been appropriate.
District Court of Limburg, 28 August 2018 ECLI:NL:RBLIM:2018:8085
A police officer faced disciplinary action and was transferred to another team for misconduct during a Christmas celebration. Dressed as Sinterklaas, he publicly humiliated a female colleague by reciting a derogatory poem, singing André Hazes’ “Eenzame Kerst,” (Lonely Christmas) and gifting her tissues to ‘dry her tears’. The judge found that this behaviour not only harmed the colleague but also negatively affected the workplace environment and contributed to an undesirable work culture. The disciplinary action was upheld by the court.
Court of Appeal of Arnhem-Leeuwarden, 22 November 2016 ECLI:NL:GHARL:2017:4675
An employee of a printing company, with ten years of service, was summarily dismissed for stealing three Fantasia books. The employee claimed the employer had given him permission to take them as Sinterklaas gifts for his nieces. The employer disputed this, and camera footage confirmed the employee had not sought approval and had deliberately lied. The court upheld the dismissal, citing the company’s strict policy on stealing.
District Court of Leeuwarden, 23 November 2006 ECLI:NL:GHARL:2017:4675
An employee’s contract was terminated due to a damaged working relationship after it was discovered that he had used part of the proceeds from the rental of Sinterklaas and Piet costumes for personal expenses. The court ruled that this conduct seriously damaged the employer’s trust, leading to a damaged working relationship and justifying the dismissal.