Introduction
A minor infraction can have major consequences. This was demonstrated by a case in which an employee at Schiphol Airport was summarily dismissed after eating a handful of peanuts destined for the waste stream. Despite the minor nature of the act, the judge had to assess whether the dismissal was justified.
The situation
An employee at Schiphol Airport, Mr. Koning, was working hard and on a busy day had not had time to eat lunch. Out of hunger, he took a handful of peanuts from an opened bag that had returned from an airplane. The produce would normally be thrown away. A colleague pointed out to him that the peanuts were KLM property and not his own.
The employee decided to confess the incident immediately to his supervisor. To his surprise, he was told to clear his desk because he was summarily dismissed.
Judge's verdict
The judge had to assess whether eating a handful of peanuts indeed constituted an urgent reason for summary dismissal. Despite the fact that the violation seemed minor, the dismissal stood. In fact, there was a strict policy within the company that clearly stated that taking or consuming products owned by the airline was prohibited.
The judge emphasized that the zero-tolerance policy was known to the employee and consistently enforced. Also, the fact that the employee had always performed well and expressed regret did not make a difference in the verdict.
Bagatel dismissal in practice
This case is not isolated. Even minor infractions, such as taking a can of soda or tucking away change, can be lawful summary dismissals if employers have clear policies and apply them consistently. Employees would do well to be aware of internal rules, no matter how innocent an act may sometimes seem.
Conclusion
This case underscores that even seemingly innocent acts can result in summary dismissal. When employers have strict and known policies and apply them consistently, even a minor infraction can carry serious weight. Employees are wise to always strictly follow internal rules.
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
