Introduction
How far does a director's responsibility extend when it comes to complying with and promoting safety policies? And what if that same director does not agree with that policy? A recent ruling by the Court of Appeal of The Hague makes it clear that this responsibility weighs heavily, especially in a management position. In this case, a director of security was fired without severance pay because she did not support the employer's corona policy. In this blog, we discuss the background, the court case and the implications of this judgment.
Background: corona policy within an international company
The employer in this case is a contractor in the energy sector and active in ship salvage. Due to the international nature of the company, it was essential during the corona pandemic that workers on ships were vaccinated. This was not only internal policy, but also a practical necessity, as many of the countries in which the company operates had vaccination requirements.
The director of security was tasked with promoting and monitoring the organization's safety policy. As such, the employer expected her to not only stand behind the policy, but also to be personally vaccinated. The director took the position that she was willing to be vaccinated if and to the extent that her job would require her to be vaccinated. According to her, this was not the case at the time of the October 20, 2021 interview because she worked primarily from home and did not need to travel.
Opposition to vaccination and internal communication
The director deliberately chose not to be vaccinated with the currently available mRNA vaccine. She indicated a desire to wait for a protein vaccine that she considered safer. She shared this choice with her team, but not with the employer. This very fact was charged heavily against her. Had she been honest with the employer, the employer could still have sat down with her.
According to the employer, as director of security, she should have supported the policy externally, regardless of her personal beliefs. Her reticence, moreover, would damage the credibility of the company's safety policy.
Negotiation fails, case ends up in court
The employer initially tried to resolve the matter with a termination proposal, including severance pay of €200,000. The director refused this proposal, after which the case went to court. The dispute was not about her right to her own opinion, but about the lack of transparency towards the employer and the lack of loyalty to company policy.
Court's ruling: no right to transitional compensation
The Hague Court of Appeal ruled that the director of security had a role model role in her position. Someone at that level can be expected, if she does not agree with a safety policy, to report this clearly and in a timely manner. The court ruled that she had seriously failed to do so.
Because there was culpable conduct that led to an irreparable breach of trust, the employment contract was dissolved without an award of transitional compensation.
Importance for employers and employees
This statement is relevant to organizations with policies around sensitive social or health issues. Especially in management positions, not only loyal action is expected, but also open communication about possible conflicts with the policy. For employees, those who cannot support the employer's policy should discuss it in a timely manner, especially if you are responsible for propagating it.
Conclusion
With this ruling, the Court confirms that integrity, loyalty and transparency are fundamental values at the management level. Failure to support the safety policy, combined with a lack of openness towards the employer, can justify dismissal without compensation. This shows once again how important it is to communicate at an early stage when there are fundamental differences of opinion within an authority position.
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 dismissal. Please feel free to contact us .
April 2025
