Introduction

An employee may perform exceptionally well in their professional duties, but their employment contract can still be terminated if workplace relationships have been seriously disrupted by inappropriate behavior. This is evident from a recent ruling by the Amsterdam District Court, in which an academic medical specialist and professor lost his job due to his communication style and the way he provided feedback. The case illustrates how seriously inappropriate behavior in communication can be weighed, even if the intentions are not malicious.

The Role and the Rationale

The employee was employed as 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 an issue for years: his tone, behavior, and interactions with colleagues. The hospital asked the labor court to terminate the employment contract due to a long-standing disruption of the working relationship caused by inappropriate behavior.

Examples of the behavior

The employee was repeatedly reprimanded for his communication style. Examples from the proceedings show why:

“You’re going to hold onto the clamps, and other than that, I don’t want to hear a word from you.”
“I’m washing my hands of this—he’s not my patient anymore. You figure it out.”
“What a bunch of amateurs around me.”
“You’ve read a lot of articles, and you can’t do this.”
“You’re at the bottom of the hierarchy—you’d better get used to it.”

In addition, he would sigh ostentatiously during meetings and regularly created an unsafe work environment. According to the AMC, despite multiple attempts—including mediation—no lasting change in his behavior was evident.

The Employee’s Defense

The specialist contested the request for termination and argued that he had, in fact, improved his behavior following the mediation. He promised not to revert to his old behavior. In addition, as an alternative to reinstatement, he requested fair compensation of over €1,255,000 for the wrongful termination of his employment contract.

Ruling by the Small Claims Court Judge

Fair compensation is awarded only if the termination of the employment contract results from serious culpable acts or omissions on the part of the employer. Serious culpable conduct on the part of an employer occurs only in exceptional cases, for example, if an employer grossly fails to fulfill the obligations under the employment contract, thereby causing a breakdown in the employment relationship. Or if an employer cites a false ground for termination in order to create an unworkable situation. That is not the case here. The disrupted employment relationship stems from the medical specialist’s conduct.

The judge ruled that the AMC had made sufficient efforts to restore the working relationship. The specialist had been called out on his communication style since 2014, but despite discussions, coaching, and mediation, the inappropriate behavior continued. This had led to a lasting disruption of the working relationship.

The employment contract was therefore terminated. The specialist was entitled to a transition payment, but not to fair compensation. He was also required to pay the AMC’s legal costs.

What does this mean in practice?

This ruling confirms that professional competence does not outweigh systemic inappropriate behavior. Respectful communication is crucial, especially in a work environment where close collaboration and hierarchy play a role, such as in a hospital.

Employers would be wise to address and document inappropriate behavior in a timely manner. Employees who are repeatedly reprimanded for their conduct but fail to demonstrate lasting behavioral change run the risk of having their employment contract terminated, even if they have been with the company for a long time and have a good track record of performance.

Conclusion

Strained working relationships can, especially in cases of repeated inappropriate behavior, constitute valid grounds for termination. Intent matters, but the effect of the behavior on coworkers and the work environment is decisive. This case demonstrates that an employer who takes timely action and offers guidance is in a strong legal position when faced with a request for termination.

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 assist you if you have any questions about terminating an employment contract. Please feel free to contact us .

April 2025