Introduction
Everyone makes mistakes at work, but sometimes gross errors have far-reaching consequences. This is especially true for officials in the justice chain, where a moment of carelessness can have great social impact. A recent North Holland court ruling involved two officials who released the wrong detainee without full control. The employer transferred them. The officials disagreed and went to court. The question: was the transfer justified? The judge gave a clear answer.
The mistake: wrong inmate released
The two officers involved worked in a detention center housing various groups of detainees, including failed asylum seekers, aliens awaiting deportation and polka-dot swallowers. One evening, one of the detainees had to be released. Prior to a release, a so-called biomedical check should always take place, using biometric data to determine whether the right person is being released.
In this case, the officials omitted that check. They merely checked the detainee's last name and released someone who had the same last name as the person actually to be released. The gross error only came to light later, but by then it was too late: the wrong person had meanwhile disappeared outside the walls of the detention center.
The consequences: search warrant and transfer
The gross error had immediate consequences. The correct detainee was still in custody, but the man wrongfully released was untraceable. A search warrant was issued, but the person has not, to date, been located. The risk this posed to public order and safety was weighed heavily.
The employer then decided to transfer both officials. They were to be assigned to another location and position. The officials opposed this move. They felt that the measure was disproportionate and that their working relationship with the employer had been disrupted.
The judge: dereliction of duty and responsibility
The district judge reviewed the case thoroughly. It was recognized that this was a serious error with major consequences. Checking an inmate's identity is a core task and requires extreme care. Simply checking a last name and omitting the biomedical check was found by the judge to be a serious dereliction of duty.
According to the judge, the officials could be expected to know what the standard procedures are upon release. They should have acted independently, even if they were under time pressure or routine. Especially in an environment where care can be vital, mistakes like this are not acceptable.
Transfer as appropriate measure
The judge ruled that the transfer was not a disciplinary punishment, but a reasonable and proportionate measure to prevent recurrence and restore confidence in the performance of duties. Given the seriousness of the error, its impact and the fact that the error stemmed from carelessness rather than force majeure, the employer was entitled to make this decision.
The court rejected the officials' objection. The transfer was deemed justified, and there was no disproportionality or carelessness on the part of the employer.
What can we learn from this?
This ruling confirms that officials in sensitive positions bear increased responsibility. When they make gross mistakes, there can be organizational consequences even if there is no intent or bad intentions.
Employers in public service are allowed to intervene in cases of dereliction of duty, if properly justified. At the same time, the ruling shows that not every instance of dysfunction needs to result in dismissal: a transfer may also be an appropriate response.
Conclusion
Releasing the wrong detainee is an error with far-reaching consequences. The court ruled that the transfer of the officials involved was justified, given their negligence in a crucial control procedure. For employees in such positions, this means that care is always paramount, mistakes are human, but some mistakes can make a job impossible. For government employers, this ruling shows that taking action is possible, if substantiated and proportionate.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about transferring. Please feel free to get in touch .
April 2025
