Introduction
At first glance, a dismissal due to physical odor nuisance sounds like an exceptional situation, but in practice, such issues can lead to serious legal proceedings. Especially when the odor nuisance is related to a medical condition, the question is: how far does the protection of the employee extend? A recent case involving a receptionist offers valuable insights into how courts deal with this.
The case: dismissal for odor nuisance
A receptionist, working for a client of her employer, experienced complaints about a persistent, strong odor. The woman was responsible for receiving visitors, operating the switchboard and other representative duties. Both co-workers and security guards reported nuisance from the odor.
In discussions with her employer, the employee indicated that it was a medical problem. The employer then suggested calling in the company doctor to discuss the problem and look at possible solutions. The employee refused to cooperate. When the client also indicated that the receptionist was no longer welcome, the employer applied to the subdistrict court for dissolution of the employment contract.
The court's opinion
The district judge granted the request for dissolution. The employee appealed, but the court upheld the judgment. The following played an important role in this:
- The employee had refused to consult the company doctor.
- No effort had been made to work with the employer to find a solution.
- The odor nuisance was so severe that it precluded her employability with the client.
Although the court recognized that this was a sensitive medical issue, it emphasized that even in cases of medical complaints, an employee can be expected to cooperate with reasonable solutions. In this case, the employee had failed to do so. As a result, the employer no longer had to accept the situation.
Medical complaints do not offer absolute protection
An important principle in employment law is that medical complaints in themselves do not provide absolute protection from dismissal. What does apply is that the employer must take into account the employee's health and seek reasonable accommodations or alternatives. But if an employee refuses any cooperation, this can ultimately lead to termination of the employment contract.
In this case, too, it became clear that cooperation is essential. The odor nuisance was affecting co-workers and client relationships. Because the employee did not cooperate with any counseling or resolution, the nuisance continued and continued employment was no longer feasible.
Important lesson for employers and employees
This ruling provides clear guidance. It is important for employees, even in the case of medical complaints, to remain open to consultation and guidance, for example through the company doctor. Employers, on the other hand, should act carefully, document the situation well and remain in discussion with the employee about possible solutions.
Only if the situation turns out to be structural and the employee does not cooperate with a solution, does termination of employment come into the picture. Then odor nuisance - however unusual - can be a legitimate reason for dismissal.
Conclusion
Medical conditions can be drastic, but firing for that reason is only possible if other solutions have been tried and cooperation has failed. This case shows that employees can be expected to cooperate with reasonable steps to resolve workplace problems. If they do not, even a sensitive issue like odor nuisance can lead to justified dismissal.
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 severance arrangements. Please feel free to contact us .
April 2025
