Introduction
What if an employee uses his access to company information for criminal purposes? In a recent case, the employment contract of an employee of a Rotterdam port company was terminated for serious involvement in drug smuggling. The facts didn't lie: using his work account, he arranged container movements that allowed criminals to bring over 3,700 kilos of cocaine into the country. This blog shows how courts deal with this kind of cross-border and criminal behavior and why in such cases there is no right to any compensation in the case of a terminated employment contract.
The employee and his position
The employee was employed by ECT, a logistics service provider in the port of Rotterdam, specializing in the storage and movement of sea containers. He held a responsible position within planning, earning a monthly salary of €7,500. From that position, he had access to operational systems and container data.
This access was found to have been grossly abused by him.
Arrest and suspicion of drug trafficking
At some point, the employee was arrested on suspicion of involvement in the importation of approximately 3,700 kilograms of cocaine. The criminal activities came to light after it was revealed that he had passed on container movements through his work account. By doing so, he facilitated access to certain containers in which drugs were hidden.
The movements and information he had provided allowed criminals to target within the company's container traffic.
Research and financial trails
Further investigation revealed that the employee had been amply rewarded for his role in the drug circuit: he received a total of €120,000 over a two-year period, a Super Duke brand motorcycle, and a BMW. Based on this information, the employer was able to convincingly demonstrate serious dereliction of duty, undermining the integrity of the port company, and criminal involvement.
Dissolution of the contract without compensation
The result was obvious: the employer filed a request for dissolution of the employment contract on the grounds of serious culpability. The subdistrict court granted this request. The employee's employment contract was dissolved without transitional compensation, and he also had to pay the employer's legal costs.
The judge emphasized that the trust between employer and employee had completely disappeared as a result of this action. The degree of culpability and the social impact made any form of compensation inappropriate.
Criminal charges likely to follow
Although the employment law side has been settled, the criminal justice process is not yet complete. The employee is also likely to face criminal charges, which is not surprising in this case given the seriousness of the facts.
Conclusion
This case is a clear example of how criminal behavior in the workplace can lead not only to a terminated employment contract, but also to loss of all rights under the employment contract. Employees in sensitive positions, such as within logistics and port companies, bear a great responsibility. Abuse of this not only affects trust in the employee, but can also pose major security and integrity risks.
The ruling confirms that in cases of serious dereliction of duty or criminal involvement, no transitional or equitable compensation is owed. For employers, this ruling provides guidance for taking firm action when employees use company information for criminal purposes, allowing them to respond appropriately.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - 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 dissolution of employment. Please feel free to contact us .
April 2025
