Unwanted intimacies
This 2017 ruling by the Court of Appeal in The Hagueis perhaps one of the most remarkable decisions in employment law. The case involved a chef who, just before retirement, was summarily dismissed for unwanted sexual intimacies with female colleagues. He had touched the breasts and buttocks of co-workers. The subdistrict court upheld the dismissal after hearing seven witnesses, ruling that the chef had behaved improperly and abused his managerial position.
Hague Court of Appeal
The Court of Appeal in The Hague reached a different conclusion. According to the court, the company had a hugging culture. The atmosphere was relaxed, and hugging upon arrival and a collegial arm around the shoulder were normal practices. Both the chef and the co-workers participated in this. According to the court, while touching breasts and buttocks was indeed unacceptable, the company's management should have earlier reminded the chef, as an older employee with actual leadership over the kitchen, of his responsibilities. Management should have given him the opportunity to improve his behavior.
The court also found from witness statements that the female employees themselves often initiated the hugging, had never indicated to the chef that they were uncomfortable, and still had sympathy for him. All things considered, the Court of Appeal ruled that the summary dismissal had gone too far. The employer should have given a serious warning instead.
This case took place in 2017. It is questionable whether judges would be as lenient in 2023.
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 questions about dismissal law. Please feel free to contact us.
June 2024
