Introduction
An employee may perform excellently in terms of subject matter, but his employment contract can still be dissolved if the mutual relations in the workplace are seriously disturbed, due to transgressive behavior. This is evident from a recent ruling by the District Court of Amsterdam, in which an academic medical specialist and professor lost his job because of his way of communicating and giving feedback. The case shows how heavily transgressive behavior in communication can weigh, even if the intentions are not evil.
The function and the occasion
The employee was an academic medical specialist and Professor of Orthopedic Surgery at the Academic Medical Center (AMC) in Amsterdam. Although the AMC had no doubts about his medical expertise or his intentions, there had been a problem for years: his tone, behavior and dealings with colleagues. The hospital asked the subdistrict court to dissolve the employment contract because of a long-term disrupted working relationship due to transgressive behavior.
Examples of the behavior
The employee was repeatedly challenged about his way of communicating. Examples from the proceedings show why:
- "You're going to hold clamps and other than that I don't want to hear you."
- "I'm pulling my hands off it, it's not my patient anymore, fix it."
- "What amateurs around me."
- "You've read a lot of articles and you can't do this."
- "You're at the bottom of the hierarchy, get used to it."
In addition, he sighed demonstratively during consultations and regularly drew the work atmosphere to an unsafe level. According to the AMC, despite several attempts, including mediation, no lasting change in behavior was apparent.
Employee's defense
The specialist contested the dissolution request, stating that he did improve his behavior after the mediation. He promised not to relapse into old behavior. In addition, as an alternative to reinstatement of the employment contract, he asked for fair compensation of over €1,255,000 due to a wrongfully terminated employment contract.
Judgment of the district judge
Fair compensation is only awarded if the termination of the employment contract is the result of seriously culpable acts or omissions by the employer. Seriously culpable actions of an employer only take place in exceptional cases, for example, if an employer grossly fails to fulfill the obligations under the employment contract and this results in a disturbed employment relationship. Or if an employer invokes a false ground for dismissal to create an unworkable situation. That is not the case in this case. The disturbed employment relationship lies in the conduct of the medical specialist.
The judge ruled that the AMC had made sufficient efforts to restore cooperation. The specialist had been addressed about his communication since 2014, but despite talks, coaching and mediation, repeated undesirable behavior remained. This had led to a lasting disruption of the employment relationship.
The employment contract was therefore dissolved. The specialist was entitled to transitional compensation, but not to fair compensation. He also had to pay the AMC's legal costs.
What does this mean for practice?
This ruling confirms that professional quality does not outweigh structural transgressive behavior. Especially in a work environment involving intense collaboration and hierarchy, such as in a hospital, respectful communication is crucial.
Employers would do well to timely name and document undesirable behavior. Employees who are structurally held accountable for their attitudes but do not show sustained change in behavior run the risk of having their employment contract terminated, even with long tenures and good performance.
Conclusion
Disrupted labor relations, especially with repeated transgressive behavior, can be a valid ground for dissolution. The intention counts, but the effect of behavior on colleagues and work atmosphere is decisive. This case shows that an employer who takes timely action and offers counseling is in a strong legal position when faced with a rescission request.
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 dissolution of employment. Please feel free to contact us .
April 2025
