Introduction
Social media posts during illness can lead to uncomfortable situations and, in some cases, even labor disputes. But how far is an employer allowed to go when a sick employee is active on platforms such as TikTok? In a recent case, a healthcare employee was summarily dismissed because of a vacation video she posted online during her illness. The judge had to assess whether this dismissal was justified. This ruling shows how carefully employers and employees should handle sickness, communication and social media use.
The case: vacation images on TikTok during illness
A healthcare employee had been home sick for three months. Reintegration was difficult and the employer was concerned about her employability. In September, the employer discovered a video on her TikTok account with sunny images from Oranjestad, Curaçao, captioned, "Summer 2023 was by far the best #Summer #summerrecap #2k23 #Oranjestad."
The employer concluded that the employee had gone on vacation during her illness without consultation or permission and decided to dismiss her immediately for seriously culpable behavior.
What transpired in court?
The employee went to court and explained that the TikTok video did not contain recent footage. The video was a compilation of excerpts from a vacation she had taken in February, before she called in sick. In support, she presented airline tickets, photos and other evidence showing that the footage was indeed from earlier that year.
The court found this sufficiently plausible. There was no evidence that the employee had actually gone on vacation during her period of illness, let alone that she had gone abroad without permission.
Verdict: instant dismissal was unjustified
The instant dismissal was overturned by the court. According to the judge, the employer had not sufficiently investigated the facts and had taken drastic measures too quickly. Even if the employee did go on vacation, the employer should not have immediately proceeded to dismiss her.
In such cases, it should first be assessed whether the vacation is detrimental to recovery. If necessary, a wage penalty can be imposed, but a summary dismissal is only justified in cases of intentional or seriously culpable behavior. That had not been established in this case.
Because the employee's temporary contract was already nearing expiration, the judge still awarded her compensation of nearly €7,000.
What can employers and employees learn from this?
This ruling offers valuable lessons for both sides.
For employees:
Be cautious about social media use during illness. Although in principle you are free to do so, posts can be taken out of context and lead to misunderstandings. Transparency toward the employer about planned vacations during illness is always wise.
For employers:
If you suspect improper conduct during illness, always conduct a careful investigation. Do not rush to summary dismissal without a hearing. Consider lighter measures first, such as a wage sanction or a warning interview. Only in cases of clear intent or fraud is summary dismissal legally tenable.
Conclusion
A TikTok video need not lead to immediate dismissal, even during illness. This case shows that employers should always act with care and that employees benefit from transparency and restraint on social media. The working relationship is based on mutual trust - and that trust deserves protection, even when emotions run high.
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 dismissal. Please feel free to contact us .
April 2025
