Facts
This recently played out in the North Holland District Court. An employee's job was coming to an end, so he and his employer entered into a settlement agreement to terminate the employment contract by mutual consent. The employee was to receive severance pay of €12,000. A month later, the employer found out that the employee had sent some 300 emails from his business email address to his private email. This, by the way, before the settlement agreement had been concluded. The employer asks the employee how that is.
Instant dismissal
After hearing about this, employee is summarily dismissed. This voids the settlement agreement they had entered into. The employee requested the court to annul the summary dismissal and asked for €10,000 in damages.
The judge qualified sending company information to a private email address as culpable, especially since it involved 300 emails. The employee had to understand that this could have consequences for the relationship with his employer. The subdistrict court does think a summary dismissal goes a bit too far. The employment contract was about to end. This did not involve competition-sensitive information. However, the Subdistrict Court did find it culpable that so much confidential information was brought outside the employer's environment. He dissolved the employment contract and awarded the employee a transitional allowance of € 3,000. A lot less than € 12,000, in other words.
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 have questions about dismissal law. Please feel free to contact us.
June 2024
