Publication date: 29 July 2020
Employees can also be dismissed with immediate effect for minor offences. It is important, however, that they know this is possible, that the policy is consistently enforced and that the personal circumstances of the employee will be taken into account.
Can you dismiss your employee with immediate effect after the theft of a (very) low-value product? Yes, you can! However, a recently published decision shows it does not go without a risk!
Before his shift, an Action employee bought 20 ponchos in the Action store. After his shift, he took a 3-cent carrier bag, put the ponchos in it and went home without paying for the bag. Action dismisses the employee with immediate effect for theft. The employee does not agree with this and contests his dismissal in court.
The judge agrees with the employee. Although he violated Action’s zero tolerance policy by taking the carrier bag without paying, dismissal with immediate effect goes too far. According to the judge, the carrier bag is not worth anything. Besides, the dismissal hits the employee hard: being in debt recovery, he has just got his life back on track again. Because of the dismissal, he is again in financial difficulties. The court decides that the theft of a trivial bag does not outweigh these severe consequences of the dismissal for the employee.
Minor offences, where an employee steals a (very) low-value product with the result of dismissal with immediate effect, can regularly be found in case law. For instance, the court already decided on dismissal with immediate effect after applying body lotion from a free sample, theft of € 0.50, taking a bite from a donut and taking a pack of dairy drink that was past its date.
If it concerns (very) low value products, dismissal with immediate effect sometimes seems too severe a measure. On the other hand, you, as an employer, want to be able to trust your employees. Stealing is stealing, and you want to prevent that at all times.
As can be seen from the Action decision, the judge does not always agree with the employer that dismissal with immediate effect is justified because of a minor offence. In that case, you will have to take the employee back if he stills wants to go back and you will have to continue to pay wages for the period the employee did not work. If the employee resigns himself to the dismissal, you will often have to pay fair compensation in addition to the transition compensation.
How do you increase the likelihood that the judge will agree with you? Here are three tips:
Are you looking for advice on dismissing an employee with immediate effect? Or is a dismissal contested in court? Please contact us:
In the last issue of Stare Decisis, Priscilla de Leede of Russell Advocaten, Mary Edenfield of Mateer Harbert and Ed Belam of Marriott Harrison discuss the most important topics to include in your employment contracts regarding the termination of the contract. There are some important differences to take into account!read on
It is important to use clear and unambiguous language in agreements. This has once again been demonstrated by a recent judgement of the Supreme Court. Because of ambiguities in franchise agreements, franchisees of Albert Heijn may have lost millions.read on
A sick employee may not be dismissed. However, an employee who knows of imminent dismissal, cannot avoid this by reporting sick. But when does the employee know that this is the case? This question was central to the court case concerning the dismissal of a CFO of Volksbank.read on
If your employee reports sick, this may raise many difficult questions. What are your reintegration obligations during the sick leave period? What are you allowed to record about your sick employee with regard to the privacy legislation? We answered these and other questions during a webinar. Watch the video!read on
Proceedings do not always have to be in court. There are other ways to resolve legal disputes. An important and often also appealing alternative is arbitration. In particular if you are doing business internationally. What are the advantages of arbitration?read on
Is there already a works council in your company? Are you a member of your company’s works council? What are the advantages of having a works council in your company? Jan Dop and Priscilla C.X. de Leede explain the role of the works council and give an overview of the works council’s most important rights.read on