Instant dismissal for code of conduct violation?

Introduction

In the healthcare sector, where integrity and trust are essential, financial missteps can have serious consequences. A recent ruling by the Central Netherlands District Court illustrates this. An employee of a GGZ institution was summarily dismissed after he accepted €2,000 from a client, possibly under guardianship, as a loan. The court ruled that this dismissal was justified and awarded the employer damages of over €12,000 for gross violation of the code of conduct.

Vulnerable client, professional responsibility

The employee was responsible within the mental health institution for counseling clients from a vulnerable target group. The client in question was under administration or had been under administration in the past, which meant that he was considered financially vulnerable. The employee had knowledge of this situation, but nevertheless did not involve the administrator and had the client transfer an amount of money directly to him.

A high level of integrity applies to institutions in the healthcare sector - and in particular in the mental health sector. In this case, the organization's code of conduct was seriously violated, which, according to the judge, was justifiable grounds for immediate dismissal.

Fixed damages after instant dismissal

These proceedings specifically involved the employer's request for what is known as liquidated damages. This compensation is legally owed when an employee is rightfully summarily dismissed, and amounts to wages over the period that would otherwise have had to be observed when notice was given.

The subdistrict court ruled that the dismissal was lawful and awarded the employer damages of over €12,000. In addition, the employee was ordered to pay the legal costs.

Importance for practice

This ruling underscores that healthcare workers are expected to be extremely careful when dealing with clients, especially if they are financially or mentally vulnerable. Even if the client acts of their own accord, the employee may be acting in a seriously culpable manner when accepting cash payments.

arbeidsadvocaat.nl

Verdict of the week! arbeidsadvocaat #employmentlaw #redundancy #lawyer Ruling of the week on ECLI:NL:RBMNE:2023:6177. Employee of a mental health institution lets a client transfer €2,000 to him, has to pay over EUR 12,000 to his employer The transfer to his own account was marked: "loan". The mental health institution summarily dismissed the employee for gross violation of the Code of Conduct. The subdistrict court found the immediate dismissal justified. Within the mental health institution, vulnerable people in society are helped. In this case, the employee had been helping the client in question for a long time. He was therefore aware that the client was or had been under guardianship because he was unable to manage his financial affairs properly himself. The employee had bypassed the administrator. These proceedings dealt only with the employer's request for liquidated damages: these are, in the case of a justified summary dismissal, the wages over the notice period that the employee should have observed. In all, the employee had to pay over 12k in liquidated damages and litigation costs.

♬ original sound - Stijn Blom

---

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