An office dog. What are the employment law implications?
Bringing a dog to work is said to reduce stress. However, there is no legal right to do so. Your employer must give permission. But what if a colleague is allergic to or afraid of dogs? This was addressed a few years ago by the Rotterdam District Court.
Sick because of the office dog
A woman worked as an assistant accountant. After a year, the director started bringing his husky to the office. A few months later, the woman reported sick. The company doctor indicated that her health issues seemed related to the presence of the dog. The woman had already stated she was allergic, but the director insisted on bringing the dog, as it could not be left alone.
The company doctor concluded that the dog could no longer come to the office. If not, the woman would medically need to avoid the harmful environment — meaning she would have to stay home. She also requested an expert opinion from the UWV, and the insurance physician supported her case.
Rotterdam Subdistrict Court
The woman had little choice but to petition the subdistrict court to terminate her employment contract and to request severance payments. The Rotterdam court ruled in her favor. The employer had prioritized the dog over the employee, which was unacceptable. An employer must provide a healthy work environment. By keeping the dog in the office despite her complaints, the employer violated the principles of good employment practices and obligations under the Working Conditions Act.
The woman was awarded approximately EUR 4,000 in severance payments.
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.
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October 2024
