Introduction
What if an employee uses their access to company information for criminal purposes? In a recent case, the employment contract of an employee at a Rotterdam port company was terminated due to serious involvement in drug smuggling. The facts were clear: using his work account, he arranged container shipments that allowed criminals to bring more than 3,700 kilograms of cocaine into the country. This blog explains how the court handles this type of cross-border and criminal conduct and why, in such cases, there is no right to any compensation upon termination of the employment contract.
The Employee and His or Her Position
The employee worked for ECT, a logistics service provider in the Port of Rotterdam specializing in the storage and handling of shipping containers. He held a position of responsibility within the planning department and earned a monthly salary of €7,500. In that role, he had access to operational systems and container data.
It turned out that he had grossly abused this access.
Arrest and Suspicion of Drug Smuggling
At some point, the employee was arrested on suspicion of involvement in the importation of approximately 3,700 kilograms of cocaine. The criminal activities came to light after it was discovered that he had reported container movements through his work account. In doing so, he facilitated access to certain containers in which drugs were hidden.
The movements and information he provided enabled criminals to carry out targeted operations within the company’s container traffic.
Investigation and Financial Traces
Further investigation revealed that the employee had been handsomely rewarded for his role in the drug ring: over a two-year period, he received a total of €120,000, a Super Duke motorcycle, and a BMW. Based on this information, the employer was able to convincingly demonstrate that there had been a serious breach of duty, an undermining of the port authority’s integrity, and criminal involvement.
Termination of the Agreement Without Compensation
The outcome was predictable: the employer filed a request to terminate the employment contract on the grounds of serious misconduct. The small claims court granted this request. The employee’s employment contract was terminated without a transition payment, and the employee was also ordered to pay the employer’s legal costs.
The judge emphasized that this conduct had completely eroded the trust between the employer and the employee. Given the degree of culpability and the social impact, any form of compensation was deemed inappropriate.
Criminal prosecution is likely to follow
Although the labor law aspect has been resolved, the criminal proceedings are not yet concluded. The employee will likely also face criminal charges, which is not surprising in this case given the seriousness of the allegations.
Conclusion
This case is a clear example of how criminal behavior in the workplace can lead not only to the termination of an employment contract but also to the loss of all rights under that contract. Employees in sensitive positions, such as those in logistics and port operations, bear a great deal of responsibility. Abuse of that position not only undermines trust in the employee but can also pose significant security and integrity risks.
The ruling confirms that in cases of serious dereliction of duty or criminal involvement, no transition payment or fair compensation is due. For employers, this ruling provides a basis for taking firm action when employees use company information for criminal purposes, enabling them to respond appropriately.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight contracts and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about the termination of an employment contract. Please feel free to contact us .
April 2025