I'm not crazy, I'm an airplane

Can an employee follow his own course if his employment contract says otherwise? In this case before the Breda Subdistrict Court, that discussion got out of hand. The employee was listed on paper as an office worker, but continued to behave as a “theme specialist” and spent a lot of time on drawings and theme proposals. Despite several discussions, this did not change. The result: a disrupted working relationship, according to the employer.

In this case, the court ruled in favor of the employer. The decisive factor was the structural mismatch between the job description and the employee's actions, compounded by friction in communication and customer contact regarding the suspension. The isolated incidents that the employer also cited as grounds for dismissal for “(serious) culpable conduct” were not considered serious enough by the subdistrict court: the € 71,78 spent on fuel with the company card was immediately reimbursed, the keys were returned, and an incorrect job title on LinkedIn is not in itself decisive. The termination was therefore based on a disrupted working relationship.

What is unusual about this case is that the employer apparently rejected the employee's offer of mediation, but this did not prevent the termination. The ruling states that the employee did not revisit this issue. With a company of approximately nine people, redeployment was not a realistic option. The employee's sick leave did not prevent the termination, because the request was not motivated by that illness.

The outcome was therefore a termination of the employment contract. The employee received a transition payment, but other claims, such as fair compensation, were rejected.

Tip: draw up a clear job profile with tasks and responsibilities and also record any changes. This will prevent discussions.

Read the ruling here.

If you have any questions about the ruling, please contact Tessa Sipkema, Elke Hofman-Bijvank, or Dennis Oud.