Facts
Dennis, 41, was summarily fired by Action he took a 3-cent plastic bag - without paying.
Under certain circumstances, a person can also be summarily dismissed if a product of very limited value is taken. For example, the cashier who took the free tester at Kruidvat, or the employee at Schiphol who had eaten a handful of peanuts. This case involved Dennis, who as a filler shift worker bought and paid for 20 rain ponchos prior to his shift. After his shift, he grabbed a plastic bag at the cash register to put the rain ponchos in and take them home.
The following day, an HR advisor and the Regional manager met with him to discuss this incident. Dennis indicated he had no explanation for taking the purse. He had simply forgotten to pay. Dennis was summarily dismissed as a result.
Subdistrict Court Arnhem
The dismissal did not hold up before the Arnhem subdistrict court. The dismissal went too far in this particular case because a plastic bag is a worthless object. Dennis had also not enriched himself with it, and in addition, the personal circumstances for Dennis were too drastic, according to the judge. For example, Dennis had only just got his life back on track after a period of unemployment thanks to his job at Action. He is currently in debt restructuring and, as a result of the dismissal, has again run into financial difficulties and is now struggling with rent arrears. Dennis was awarded a total of about €8,000 in severance and litigation costs by the court. He was not very happy about it, as he would have preferred a career within action and had also suffered mental health problems as a result of the events.
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 on the subject of summary dismissal. Please feel free to contact us.
June 2024
