This case<\/a> involved an employee who reported sick in late November 2023 with symptoms of burnout. Shortly thereafter, he attended a concert. The employer was skeptical of the sick leave report from the very beginning and decided, partly on the advice of a doctor who was a friend, to terminate the employee\u2019s employment with immediate effect on December 15, 2023. According to the doctor, it was impossible for someone suffering from burnout to feel the need to go to a concert. <\/p>\n\n The judge dismissed this line of reasoning outright. The employer had, in fact, failed to consult the company physician. That is crucial. According to the law, only a company physician is authorized to assess whether an employee is actually unable to work. In addition, the physician must have spoken with the employee personally in order to reach a sound judgment. <\/p>\n\n The doctor who was a friend of the employee in this case had never seen the employee in person. Furthermore, it turned out that this doctor was not the company physician for that company. Consequently, there was no medical basis for the termination. Furthermore, attending the concert was not considered proof that the employee was not sick. That determination is up to the company physician, not the employer. <\/p>\n\n Because no company physician had been consulted, the judge ruled that the summary dismissal was invalid. Attending the concert, without further medical evaluation, did not constitute urgent cause. Nor had the employee refused to work. The judge ruled that the employer could have settled for a less severe measure, such as a suspension of pay. <\/p>\n\n The judge overturned the summary dismissal and ruled that the employment relationship had therefore continued as usual. The employer was ordered to pay the wages retroactively starting December 16, 2023, including the statutory increase (up to a maximum of 30%) and interest. The employer was also required to provide pay stubs and reimburse the legal costs. <\/p>\n\n Do you have doubts about a sick leave report? If so, it\u2019s important to contact the company physician immediately. The physician will assess whether the employee is unable to work and provide recommendations regarding suitable work. You can only take further steps based on that assessment. If you, as an employer, act on this yourself before receiving that assessment, you risk an unlawful termination and the associated financial penalties. <\/p>\n\n A sick leave report that leaves you, as an employer, in doubt can be quite frustrating, especially if you suspect something isn\u2019t right but don\u2019t have any proof. Still, the legal position is crystal clear: only the company physician is authorized to assess whether an employee is actually unable to work and whether the sick leave report is therefore justified. If, as an employer, you draw your own conclusions or act based on a gut feeling or external advice without consulting a company physician, you run a significant risk of legal action. So, when in doubt, always act quickly and carefully, and base your decisions solely on the judgment of a qualified company physician. <\/p>\n\n 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\u2014with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn\u2019s page<\/a>. <\/p>\n\nNo company doctor was called in<\/strong><\/h4>\n\n
No just cause for termination<\/strong><\/h4>\n\n
Consequences for the Employer<\/strong><\/h4>\n\n
What can you, as an employer, actually do when you’re unsure?<\/strong><\/h4>\n\n
Conclusion<\/strong><\/h4>\n\n
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