Facts
A sustainable grocery delivery company, PieterPot, did not believe an employee who had called in sick with neck pain. PieterPot hired a detective agency to see if the employee was really sick. The detective agency followed the employee for a few days. It was found that the employee's neck moved smoothly when she walked outside or looked at her phone while sitting. In addition, she had gone to a festival where she allegedly danced and headbanged. She had also lugged garbage and cat food.
Instant dismissal
PieterPot considered this so serious that the employee was summarily dismissed. The employee went to court and asked for several severance payments. The judge found against PieterPot. Employers may only use a detective agency if there are very special circumstances, where there are concrete serious suspicions of serious violations. During the hearing, however, PieterPot had admitted to having engaged the detective agency based solely on "a gut feeling. Thus, the use of a detective agency was disproportionate. Furthermore, PieterPot should also have checked with the company doctor whether or not the employee could lug stuff and headbang given her symptoms. The immediate dismissal was unjustified. The employee was awarded a total of approximately €30,000 in severance pay.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – 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 any questions about engaging corporate investigations. Please feel free to contact us.
June 2024
