Introduction
Sexual remarks in the workplace are increasingly being taken seriously. Unwanted behavior can lead to a disrupted work environment, anxiety among colleagues, and legal consequences for the perpetrator. A recent ruling involving a shelf stocker at the Dirk supermarket chain shows that employers are permitted to take strict action in cases of sexual harassment. This blog discusses the court’s ruling and what it means for employers and employees.
The situation in the cafeteria
The incident took place in the cafeteria of a Dirk store. During a conversation with a female coworker, a shelf stocker made sexually suggestive remarks. For example, he referred to her as “kitty” and made moaning sounds. Other coworkers who were present during the conversation found this behavior inappropriate. One of them even recorded a six-minute audio clip of the incident. The employer immediately launched an internal investigation.
Such behavior, especially in a professional setting, constitutes sexual harassment. These types of remarks are not only considered inappropriate, but can also be harmful to the work environment and the well-being of colleagues.
Immediate Dismissal and the Employee’s Response
Following the internal investigation, the employer decided to terminate the employment contract with the shelf stocker effective immediately. This resulted in summary dismissal, meaning that the employee was fired immediately without notice or severance pay. He was also barred from entering any Dirk stores.
The employee contested the termination and took the matter to court. He argued that the use of terms such as “kitty” was common in the workplace and that he himself had been discriminated against by his female colleague, who was alleged to have brandished a bread knife during a previous conflict. In his view, the employer’s response was disproportionate.
The judge’s ruling
The magistrate ruled in favor of the employer. The judge ruled that the employee’s remarks and behavior could not be considered normal or acceptable. The context—persistent moaning, laughter, kissing sounds, and the incessant repetition of phrases such as “tjap die tollie,” “good, lick it, ” “swallow it, that’s nice,” and “lick the konjo,” meant that the remarks had a sexual connotation. The judge ruled that the female colleague was justified in interpreting this as sexual harassment. The perpetrator could and should have understood this.
The judge granted the summary dismissal and ordered the employee to pay the court costs of nearly €800. The court thereby made it clear that employers have the authority to take action in response to such behavior, even if there is no prior disciplinary record.
Importance for Employers and Employees
This ruling underscores the importance of a safe work environment and a clear policy against inappropriate behavior. The following applies to employers:
- Ensure that there are clear codes of conduct within the organization.
- Be alert to reports of harassment and handle them promptly and carefully.
- Document incidents thoroughly and ensure that an independent investigation is conducted.
It is essential for employees to realize that comments that could be interpreted as sexual or offensive can have serious consequences for their employment and reputation. Professional conduct and respect for colleagues should be a given in any work environment.
Conclusion
Inappropriate behavior will not be tolerated, not even in informal situations such as a conversation in the cafeteria. Employers may intervene when colleagues feel unsafe or when the work environment is disrupted. A sexually suggestive comment can therefore be more than just a bad joke: it can mean the end of an employment relationship.
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