Introduction
An employee who takes food from a cart is terminated on the spot due to a zero-tolerance policy. But can an employer invoke that policy if it is not actively enforced? This blog discusses why the court ruled that the termination in this case was unjustified.
The situation: eating from a cart and being fired on the spot
An employee takes some food from a cart containing leftovers from customers. The employer decides to take strict action in response and terminates the employee immediately. The employer argues that a zero-tolerance policy is in effect: eating any food—even if it would otherwise be thrown away—is strictly prohibited.
The employee disputes the termination and argues that it was, in fact, quite common within the company for staff to eat leftover food. According to him, there was no clear policy prohibiting this—or, at any rate, no policy that was still actively enforced.
What does the judge say?
The small claims court ruled in favor of the employee. Although consuming products that are intended to be discarded can indeed constitute just cause for termination, this applies only if there is a clear and actively enforced zero-tolerance policy in place.
In this case, the employer had last brought the policy to the attention of the staff in 2016. The judge found that to be too long ago. An employer who wishes to enforce a strict policy can be expected to regularly reiterate that policy and the consequences of violating it, and to communicate them clearly. Simply dismissing other employees for the same behavior on a few occasions in the past was insufficient to keep the policy alive.
Because the zero-tolerance policy had not been adequately communicated to employees, the immediate termination was not legally valid.
Importance for Employers
This ruling makes it clear that it is not enough to simply have a policy in place. Employers must actively ensure that rules—especially those surrounding a strict policy such as zero tolerance—are regularly brought to employees’ attention. If they fail to do so, even a rule that appears strict on paper may, in practice, be insufficient to justify immediate termination.
Clear, regular communication about rules is therefore essential for employers to be able to take firm action in cases of inappropriate behavior.
Conclusion
A zero-tolerance policy can justify immediate termination, but only if the policy is up to date and has been clearly communicated. Without regular reinforcement and compliance, an employer cannot simply rely on outdated rules. Active communication about rules of conduct remains essential.
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 business owners 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 summary dismissal. Please feel free to contact us .
April 2025