Introduction
A cleaner was injured in a shooting incident in the subway near Hoek van Holland. Shortly after the incident, he informed his employer what had happened. Nevertheless, his employment contract was terminated within the probationary period. The employee alleged discrimination because of his health complaints.
The situation
A cleaner became the victim of a shooting on the subway near the Hook of Holland. Shortly after the incident, he sent his employer pictures of his bloodied face, clothing and images from his hospital bed. The employer subsequently decided to terminate the employment contract during the probationary period . The employee took the position that this termination was invalid because he suffered from PTSD, a chronic illness, as a result of the incident.
The dispute
The employee went to court and argued that the dismissal amounted to discrimination on the basis of illness. He argued that the employer should have taken into account his mental condition at the time of dismissal and that his PTSD afforded him protection under the Equal Treatment on the Basis of Disability or Chronic Illness Act.
The employer countered that it did not know that the employee had PTSD and that the dismissal was based on other circumstances. For example, the employee had already called in sick twice shortly after joining the company and, according to the employer, he did not comply with the rules around calling in sick.
Judge's verdict
The judge agreed with the employer. According to the judge, it could not be established that the employee was already struggling with an illness that could be considered chronic at the time of dismissal. Moreover, the employer could not have known at that time that PTSD was present. The probationary dismissal was therefore valid and upheld. The employee was ordered to pay nearly €1,000 in litigation costs to the employer.
Importance of this statement
This case shows that a probationary dismissal can hold up even in sensitive situations, provided the dismissal is not discriminatory and there are other business reasons behind it. It remains important for employers to carefully document why a probationary dismissal is given, especially if there are special personal circumstances.
Conclusion
A probationary dismissal provides ample opportunity, but should not be abused to discriminate on the basis of illness or disability. If health problems such as PTSD play a role in the termination, the dismissal may still be declared invalid. Accuracy is also very important here.
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. Please feel free to contact us .
April 2025
