While bringing a dog to work can potentially be stress relieving, there are no legal rights that allow employees to bring their four-legged friends. Permission from the employer is required.
Allergies and fears: a legal dilemma
An interesting case at Rotterdam District Court illustrates this dilemma. An assistant accountant called in sick after the director began bringing his husky to the office.
Role of the company physician
The company doctor found that the employee's complaints were most likely related to the presence of the dog. Despite her allergy, it was not an option for the director not to take the dog with her because it could not be alone. On the contrary, the company doctor concluded that the dog's presence in the workplace should be avoided to ensure the employee's health.
The move to the subdistrict court
Apart from the UWV's expert opinion, in which the insurance doctor found in her favor, the employee had little choice but to go to the subdistrict court herself. The Rotterdam subdistrict court ruled in her favor. The employer had put the dog above the employee and that was unacceptable. An employer must ensure a healthy work environment. By keeping the dog in the office despite the complaints, the employer had violated the requirements of being a good employer and the obligations under the Working Conditions Act. This additionally cost the employer approximately EUR 4,000 in severance pay.
Healthy work environment
This case highlights the importance for employers to ensure a healthy work environment and to take employees' individual needs and health concerns seriously.
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 are facing a dispute over working conditions. Please feel free to contact us.
