May an employer allow a dog in the office despite employee complaints?
More and more companies are allowing employees to bring their dogs to the office. This is said to improve the work atmosphere and reduce stress. But what if a co-worker is allergic or afraid of dogs? This issue played out in a recent court case and offers interesting insights into employers' responsibilities.
No legal right to an office dog
Although bringing a dog to the office is popular, there is no legal right to bring a pet to the workplace. Employers decide whether this is allowed. However, they also have a duty of care: the workplace must be safe and healthy for all employees.
When an employee indicates that he or she is bothered by an office dog, for example due to allergies or anxiety, the employer should look at it seriously. This became painfully clear in a case before the Rotterdam District Court.
Allergy complaints caused by office dog
An assistant accountant had been working for her employer for a year when the director began bringing his husky to the office. The employee reported being allergic to dogs and over time developed health problems.
The company doctor examined the situation and concluded that the symptoms were caused by the dog's presence. The solution was clear: either the dog had to stay out of the office, or the employee had to stay home to avoid further health problems.
Employer sides with dog, judge intervenes
Despite the advice of the company doctor and later the UWV, the employer insisted on taking his dog with him. As a result, the employee had no choice but to go to the subdistrict court and requested dissolution of her employment contract with severance pay.
The district judge agreed with her. The employer had a duty of care to provide a healthy work environment, but put the dog above the employee's well-being. This violated good employment practice and the Working Conditions Act. The judge awarded her severance pay of €4,000.
Conclusion: balance between well-being and job satisfaction
While an office dog can have positive effects, employers should not ignore employee health concerns. Employers in such cases must carefully consider which interests outweigh which interests and engage in discussions with all involved to reach an appropriate solution.
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.
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April 2025
