Introduction
Can an employer simply hire someone else to fill your position while you’re on sick leave? And what if, after years of good performance, you’re sidelined by long COVID and suddenly find yourself working in the cafeteria? In a recent ruling by the District Court of The Hague, a production manager on long-term sick leave faced exactly this situation. The judge was harsh in his assessment of the employer’s conduct and awarded the employee substantial damages. In this blog, you’ll learn why.
The Situation: Sick Employee Sidelined
The employee in question was a production manager and had received positive performance reviews for years. He was on long-term leave due to long COVID. However, during his return-to-work process, it turned out that his former position had already been filled by someone else. The new employee took over his workstation, while the original employee was shuffled off to the cafeteria with hardly any meaningful work to do; in fact, he had nothing left to do but read a bit and go home.
This approach made it clear that the employer no longer wanted to continue working with him, and that there was no real reintegration.
Request for Resignation and Demand for Reimbursement by the Employer
The employer asked the labor court to terminate the employment contract. The reason? The employee was allegedly not performing adequately due to his absences due to illness. In addition, the employer demanded reimbursement of the full salary and the car allowance during the period of illness, totaling nearly €260,000.
The judge had to determine whether this was a legitimate request or whether it constituted inappropriate conduct on the part of the employer.
The judge’s ruling: the employer acted in a seriously culpable manner
The subdistrict court judge dismissed the request. The judge found that the employer had deliberately thwarted the employee’s reintegration by already hiring someone else and making the original position unavailable. This effectively prevented the employee from returning to his former position on fair terms, even though he was entitled to do so, especially given his many years of dedication and strong performance.
Furthermore, it was unreasonable to claim that the employee was to blame for his absence due to illness, let alone that he should have to repay his salary. His absence due to long COVID was not his fault.
A substantial compensation payment for the employee
The court found that the employer had acted with gross negligence and awarded the employee fair compensation of €250,000. In addition, he received:
- a transition payment of over €16,000, and
- full reimbursement of his attorney’s fees in the amount of €8,000.
The judge emphasized that the employer had abused procedural law by knowingly filing a frivolous motion and, furthermore, by attempting to recover the wages.
Conclusion
This ruling clearly shows that employers cannot simply proceed with termination in the event of illness, let alone hire someone else to fill an open position. Reintegration is a serious obligation, and sidelining an employee on sick leave can have major financial consequences. For employees, this case is an important affirmation of their right to protection and recovery, even in difficult circumstances such as long-term illness due to long COVID.
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