Introduction
Social media posts while on sick leave can lead to awkward situations and, in some cases, even to workplace conflicts. But how far can an employer go if a sick employee is active on platforms such as TikTok? In a recent case, a healthcare worker was summarily dismissed because of a vacation video she posted online while on sick leave. The judge had to determine whether this termination was justified. This ruling illustrates how carefully employers and employees must handle sick leave, communication, and social media use.
The Case: Vacation Videos on TikTok While Sick
A healthcare worker had been on sick leave for three months. Her return-to-work process was difficult, and her employer was concerned about her ability to perform her job. In September, the employer discovered a video on her TikTok account featuring sunny footage from Oranjestad, Curaçao, accompanied by the caption: “Summer 2023 was by far the best #Summer #summerrecap #2k23 #Oranjestad.”
The employer concluded that the employee had gone on vacation during her sick leave without consulting the employer or obtaining permission, and decided to terminate her employment immediately for serious misconduct.
What was the outcome in court?
The employee went to court and explained that the TikTok video did not contain recent footage. The video was a compilation of clips from a vacation she had taken in February, before she went on sick leave. To support her claim, she submitted airline tickets, photos, and other evidence showing that the footage was indeed from earlier that year.
The judge considered this sufficiently plausible. There was no evidence that the employee had actually been on vacation during her sick leave, let alone that she had traveled abroad without permission.
Ruling: Summary dismissal was unjustified
The judge overturned the summary dismissal. According to the judge, the employer had not sufficiently investigated the facts and had taken such a drastic measure too quickly. Even if the employee had indeed gone on vacation, the employer still should not have proceeded immediately with the dismissal.
In such cases, it must first be determined whether the vacation would be detrimental to the employee’s recovery. If necessary, a pay deduction may be imposed, but summary dismissal is justified only in cases of intentional misconduct or serious culpable conduct. This was not established in this case.
Because the employee’s temporary contract was already nearing its end, the judge awarded her compensation of nearly €7,000 after all.
What can employers and employees learn from this?
This ruling offers valuable lessons for both parties.
For employees:
Exercise caution when using social media while on sick leave. Although you are generally free to do so, posts can be taken out of context and lead to misunderstandings. It is always wise to be transparent with your employer about planned vacations while on sick leave.
For employers:
If you suspect unauthorized conduct during a sick leave, always conduct a thorough investigation. Do not rush into immediate termination without hearing both sides of the story. First, consider less severe measures, such as a pay deduction or a warning conversation. Summary dismissal is legally valid only in cases of clear intent or fraud.
Conclusion
A TikTok video does not necessarily lead to immediate termination, even during a sick leave. This case shows that employers must always act with care and that employees benefit from transparency and restraint on social media. The employment relationship is based on mutual trust—and that trust deserves to be protected, even when emotions run high.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to help you if you have any questions about termination. Please feel free to contact us .
April 2025