Introduction
A summary dismissal is often considered the harshest sanction in employment law. It means that the employment contract is terminated immediately, without notice or transition compensation. Many people think this is only for situations of serious theft, fraud or violence. Yet case law shows that even minor offenses, trivial offenses, can lead to instant dismissal. Consider taking a can of soda, eating a handful of peanuts or withholding a postmark. In this blog, we discuss several court decisions in which such seemingly trivial conduct nevertheless led to legally valid dismissal.
A can of Red Bull, and still getting fired
The Hague court ruling involved a checkout clerk who had taken a can of Red Bull from the shelves and had not paid for it. When called to account, she lied about what had happened. The company regulations clearly stated that consuming store products without paying in advance was not allowed.
The court ruled that the trust between employer and employee had been irreparably damaged by this action. The seriousness was not only in taking the can, but especially in the fact that the employee had lied about it. The immediate dismissal was upheld.
50 cents and the toilet
Another case revolved around a catering employee who kept a 50-cent coin intended for toilet use for herself. The employer considered this to be embezzlement and summarily dismissed her. The judge in summary proceedings ruled that it was likely that this dismissal would stand up in proceedings on the merits. The small value of the amount did not alter this: what mattered was the principle and the breach of trust.
Yogurt and salmon salad over date
In another case before the Amsterdam District Court, an employee took a pack of Optimel whose expiration date expired that same day, and a container of salmon salad that was already past its expiration date, without permission. Although the products were negligible in value and condition, the supermarket's policy was strict: taking them without paying was not allowed.
The subdistrict court ruled that this behavior also justified summary dismissal because the rules were clear and the employee had violated them.
St. Nicholas gifts for nieces
This issue also plays out outside the supermarket sector. In a case before the Arnhem-Leeuwarden Court of Appeal, an employee of a printing company took home three rejected books to give to his nieces for St. Nicholas. He had not requested permission to do so. Despite his long service, age and the consequences of the dismissal, the court ruled that the conduct justified the immediate dismissal. Integrity and honesty were paramount, even with rejected goods.
Other trivial dismissals in case law
Case law contains many more examples of minor offenses that have resulted in summary dismissal:
Each time it turns out: the judge is not concerned with the value of the object, but with the employee's behavior and the breach of trust.
How do judges look at such situations?
In all of these cases, there are essentially three elements at stake:
- Breach of trust: Employers must be able to count on employees to follow rules. Even minor offenses can damage that trust.
- Clear rules: Almost all cases involved a company rule or code of conduct stating that taking goods without permission is not allowed.
- Deliberate violation: The employee must have been aware of the rules and yet violated them.
Personal circumstances, such as long tenure or financial consequences, are considered, but are often not decisive if the conduct is clearly culpable.
Conclusion
Instant dismissal for trivial offenses is no exception in Dutch case law. Employees should be aware that even minor infractions can have serious consequences, especially when they violate internal rules known to them. Employers would do well to establish clear rules of conduct, enforce them consistently and actively inform new employees of the policy. This lays the foundation for a reliable and safe work environment, where honesty is paramount, even with a packet of Optimel or a handful of peanuts.
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
