Reporting sick to an employer is a right when there is actual disability. But what happens if an employee falsely calls in sick for other reasons, such as a wedding? A recent case before the subdistrict court in Den Bosch shows that a false sick report can have major consequences.
Sick call for a wedding
A purser at Transavia wanted to take time off to attend a wedding. However, her request for leave was denied. Wanting to attend anyway, she called in sick on the day of the wedding. She later honestly admitted to her employer that she had not actually been sick.
Judge: conscious choice with consequences
The subdistrict court found that the purser had made a conscious decision to call in sick wrongfully. Moreover, Transavia had warned her in advance that a false sick report could have consequences. Her absence not only had operational consequences, but could also cause financial and reputational damage to the airline.
Dismissal despite sickness notice ban
Although there is a prohibition on giving notice during illness in the Netherlands, the judge ruled that this did not apply here. This was because the sick leave was not related to actual work disability, but was purely intended to force leave. The employment contract was therefore dissolved for culpable conduct.
Loss of job, but entitled to severance pay
The subdistrict court upheld the dismissal. The employee was ordered to pay the legal costs of €921, but did receive a transitional allowance of €9,000. This shows that culpable conduct does not always mean that an employee does not receive any compensation.
Conclusion
Wrongful sick leave can have serious consequences, especially when an employer can prove that it was done intentionally and with negative consequences for the company. This underscores the importance of honesty around sick leave and complying with the terms of the employment contract.
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 .
April 2025
