May an employer fire an employee if they email company documents to themselves?
Sending business documents to a private email address may seem harmless, but it can have major consequences. A recent case in the North Holland District Court shows that employers can consider this as seriously culpable behavior. Can the employer dismiss on summary dismissal?
Sending company information to private email
In this case, an employee was declared redundant. In order to achieve a neat termination of employment, he and his employer entered into a settlement agreement. In it, it was agreed that the employee would receive severance pay of €12,000.
Shortly thereafter, the employer discovered that the employee had forwarded about 300 emails from his business to his private email address. This had taken place before the signing of the settlement agreement. The employer confronted the employee with this and decided to summarily dismiss him. This dismissal caused the previously agreed severance pay to lapse.
Judgment of the district judge
The employee challenged the dismissal and asked the court to annul it. In addition, he demanded damages of €10,000. The judge ruled that sending company information was culpable, especially given the size of 300 emails. The employee should have been aware of the possible consequences for the employment relationship.
Nevertheless, the subdistrict court found instant dismissal too harsh a measure. After all, the employment contract would soon end and there was no competition-sensitive information involved. The judge dissolved the employment contract and awarded the employee a transitional payment of €3,000, considerably less than the €12,000 previously agreed upon.
Importance of care with company data
This ruling emphasizes that employees should handle company information with care. Employers have the right to guard confidentiality, but immediate termination of employment is not always warranted. Both employers and employees would do well to establish and adhere to clear policies regarding the use of company information.
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
