Introduction
Transgressive behavior in the workplace is a serious issue. Employers have a legal duty of care to provide a safe working environment and are required to act on signs of inappropriate behavior. In this blog, we discuss a recent case at the spices and sauces company Verstegen, in which an employee was fired for seriously culpable behavior. The case shows how heavily judges weigh safety, respect and boundary control within employment relationships.
Transgressive behavior at Verstegen: a serious issue
Verstegen received serious reports about an operator. Several colleagues reported intimidating and threatening behavior. The complaints went beyond teasing or awkward remarks: there was talk of discrimination, bullying, stalking and threats. Such signals call for adequate action by the employer.
What exactly happened?
The situation began with an off-hours appointment between the operator and a female colleague. Afterwards, he sent her messages asking her to meet again. When she refused and pointed out to him that he was married, the behavior escalated. Within a short time, the colleague received hundreds of messages, followed by threats. He would spread personal information about her in the workplace and made threats such as, "We'll see what happens to you."
This led to a sense of insecurity among the colleague, and seriously eroded trust in the work environment.
The employer's response and the judge's ruling
Verstegen took the reports seriously and immediately began discussions with the employee involved. Eventually, the company decided to file a request for dissolution of the employment contract. The judge agreed with Verstegen and ruled that there was serious culpable behavior. This meant that the employee was not entitled to transitional compensation. He was also ordered to pay the legal costs.
According to the judge, safety in the workplace had been seriously compromised. A factor in this was that the behavior was targeted and intimidating, and continued even after the employee repeatedly asked to stop.
Labor law lesson: workplace safety weighs heavily
This case makes it clear that transgressive behavior, even if it begins outside of work hours, can have far-reaching consequences for employment. Employers have a duty to ensure a safe working environment. When they respond appropriately to reports and act with care, they can successfully argue for termination of employment in court.
Judges set the bar high when it comes to protecting employees from undesirable behavior. Especially if the behavior leads to fear or insecurity, it is considered seriously culpable. For employees, this is a clear warning: even conduct outside working hours can lead to dismissal if it undermines code of conduct or working relationships.
Conclusion
Transgressive behavior is not optional. Employers are not only allowed to intervene when reported, they have to. The Verstegen case shows that if an employee is guilty of threatening, stalking or intimidating, this can lead to dismissal without compensation. For both employers and employees: take signals seriously, because the courts do too.
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 transgressive behavior. Please feel free to contact us .
April 2025
