When can summary dismissal on suspicion of a crime be wrongful?
Instant dismissal is a drastic measure that can only be justified by very serious reasons. In cases where an employee is suspected of a crime, it is important for employers to act carefully and proportionately. A recent case of a fitness instructor who was wrongfully summarily dismissed illustrates this point well. This case raises important questions about the considerations an employer must make when firing an employee suspected of a crime.
What happened in this case?
A fitness instructor had been working at a gym in Vlaardingen since 2011. On June 6, 2023, he was taken from his bed early in the morning by an arrest team and arrested. He and five others were suspected of sexual exploitation and abuse of a minor, who also trained at the gym. His partner called the gym to call in sick, and later that day the gym was informed by police about the case.
The director of the gym visited the fitness instructor two days after the arrest and was told that, on the advice of his attorney, the instructor did not want to make any statements about his innocence. Subsequently, the instructor was summarily dismissed for, among other things, wrongful sick leave and suspicion of sexually transgressive behavior.
The judge's ruling
The judge ruled that the summary dismissal was unjustified. It emphasized that it was not the fitness instructor's responsibility that his partner had called him in sick. Moreover, the judge found that the suspicion of a criminal offense, such as sexual exploitation, does not automatically justify instant dismissal. Although there was much commotion within the gym and concerns about possible reputational damage, these circumstances did not justify the severe remedy of summary dismissal.
What can employers learn from this case?
This case shows how important it is for employers to handle carefully situations in which an employee is suspected of a crime. Instead of immediately proceeding with summary dismissal, they would have been better off initiating a dissolution procedure . This could possibly have resulted in a lawful dismissal without the employee being unfairly fired. The judge awarded the fitness instructor severance pay of approximately €23,000 because of the wrongful dismissal.
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 summary dismissal. Please feel free to contact us .
April 2025
