Introduction
Transgressive behavior, such as scolding, can be grounds for dismissal, but does not automatically mean that an employee loses his right to transitional compensation . This blog discusses a case in which a warehouse employee remained entitled to compensation despite abusive remarks.
The situation: repeated transgressive behavior
A warehouse employee who had worked at a Brabant company for five years was known for her direct manner of communication. Her behavior had previously been discussed several times, and she had even received an official warning. Yet her attitude did not improve.
Six months after the warning, things went wrong again. During a meeting, she called some of her colleagues "hoodlums" and "that bulge." She also harshly criticized the organization, saying that "everything was going to shit." This was enough for the company. The employee was suspended and the employer went to the subdistrict court with a request to terminate the employment contract, without transfer compensation.
The judge on dissolution
The district judge found that the woman had acted culpably. During the hearing, she showed little remorse. She refused to take back her words, stating that it was simply "the truth. Her argument that she had "always been this way" and saw no reason to change her behavior was not found convincing by the judge.
On this basis, the judge decided to dissolve the employment contract. After all, employees are supposed to behave respectfully toward colleagues and supervisors, especially after previous warnings.
Still entitled to transitional compensation
Yet the judge did not go so far as to rule that there was "serious culpable conduct. And that's important, because only in cases of seriously culpable conduct does an employee lose the right to transitional compensation. According to the judge, the employee did not intentionally want to hurt her colleagues and management. Her statements were the result of dissatisfaction with the functioning within the company, not out of pure malice.
Therefore, the employee was indeed awarded transitional compensation, in the amount of about two months' salary.
What does this mean for employers?
This ruling shows that cross-border behavior by employees is not always sufficient to justify dismissal without severance pay. Employers must be able to clearly demonstrate that the behavior is so seriously culpable that the right to compensation is lost. The motive behind the behavior and the personal circumstances of the employee play an important role.
Conclusion
Not all culpable conduct is serious enough to deny severance pay. Intent and personal circumstances are also considered in the case of cross-border expressions. Employers must therefore carefully substantiate why behavior should be considered seriously culpable.
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 about dissolution of employment. Please feel free to contact us .
April 2025
