May an employer impose disciplinary action for a St. Nicholas poem?
A festive atmosphere in the workplace can sometimes turn into a situation that has employment law consequences. A recent case at the Central Appeals Council shows how an innocent tradition, such as reciting a St. Nicholas poem, can lead to disciplinary action.
Offensive poem and employer's response
A police officer decided to recite a poem to a colleague during a St. Nicholas celebration. The poem ironically and confrontationally referred to a broken relationship of the colleague. In addition, he loudly sang "I am sitting here all alone celebrating Christmas" by André Hazes and offered handkerchiefs.
The employer considered this behavior inappropriate and harmful to the working atmosphere. It was therefore decided to transfer the employee and impose a disciplinary measure, requiring him to surrender 16 leave hours .
Appeal against action
The employee disagreed with this sanction. He argued that the poem should be seen in the context of the festive occasion and that he made the statements as St. Nicholas, not as a police officer. In addition, he felt that the incident occurred outside working hours.
The case eventually came to the Central Appeals Council. The Council ruled that the employee had neglected his duty as an officer. The poem was not only hurtful to the colleague, but also had a negative impact on the work atmosphere. Therefore, the disciplinary measure was upheld.
Boundary between humor and undesirable behavior
This ruling emphasizes that employees, even in informal and festive settings, must be mindful of collegiality and respect. Employers have the right to take action against behavior that damages the work atmosphere, even if it was initially intended as humor.
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.com is happy to think with you if you have questions about inappropriate behavior. Please feel free to contact us .
April 2025
