Introduction
Dismissal during the probationary period seems simple, but it has legal limits. A recent ruling shows that political statements on social media should not be grounds for dismissal. This blog discusses how the judge ruled in a case about posts surrounding the Israeli-Palestinian conflict.
The situation
A knowledge migrant of Palestinian origin was working under an employment contract with a probationary period. Shortly after Hamas attacked Israel on Oct. 7, 2023, he posted about 90 messages on LinkedIn criticizing Israel. In one of the posts, for example, he wrote:
"I stand against the occupying aggressor, long live the resistance, long live Palestine, to hell with Israel, to hell with the occupation, free Palestine."
The employer addressed the employee about these posts. When the employee subsequently posted another 45 similar messages, the employer decided to terminate the employment contract within the probationary period.
Consequences of dismissal
The termination had far-reaching consequences. Because the employee had a residence permit based on his employment, the termination resulted in the revocation of that permit. The employee then had to apply for asylum and spent considerable time in an asylum seekers' center. A year later, he received another work permit and found a new job.
Proceedings before the courts and the Human Rights Board
The employee did not leave it at that and went to the subdistrict court in Amsterdam and the Human Rights Board. He argued that the dismissal was discriminatory because it was based on his political beliefs. Both the Board and the judge agreed with him.
The subdistrict court recognized that an employer may have an interest in keeping social tensions out. Nevertheless, the judge ruled that the dismissal in this case was motivated by the employee's personal political views on the Israeli-Palestinian conflict. This constituted prohibited discrimination on the basis of political affiliation.
The ruling
The judge awarded fair compensation of €40,000 gross. This acknowledged that the employee had been seriously disadvantaged by the wrongful dismissal, especially given the consequences for his residence status and personal situation.
Importance for practice
This ruling shows that even during the probationary period, employers cannot fire without limit. Political expression that is within the limits of the law is protected. Dismissal purely because of an opinion, without any work-related problems, can result in high damages.
Conclusion
Employers have broad dismissal options during the probationary period, but political opinion is a protected characteristic. Dismissal based solely on political expression can constitute discrimination and lead to high damages. Care remains essential, even within the probationary period.
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 during the probationary period. Please feel free to contact us .
April 2025
