A recent case under Dutch employment law highlights the risks of surprise visits by employers during employee sick leave, leading to a disturbed working relationship. This case involved a teacher from a dental training course who was visited unexpectedly by his manager while on sick leave. This surprise visit, and the events that followed, ultimately led to the termination of the employment relationship. Below is a detailed analysis of the facts and the court’s decision.
Case Overview: Key Facts
- Employment Background
The employee worked as a part-time teacher at a training course for dental assistants since 1990, for 5.5 hours per week. In addition to this role, the employee ran a dental practice in Maastricht.
- Initial Disputes
During 2022-2023, disagreements developed between the employer and the employee regarding teaching methods. These issues created tension between the parties.
- Illness Reported
On 15 May 2023, the employee reported sick via WhatsApp. The manager requested more details, but the employee did not respond.
- Surprise Visit
The following day, the manager made an unannounced visit to the employee’s dental practice. The employee was not present, so the manager spoke with the dental assistant, inquiring about the employee’s health status and likely return.
- Employee’s Reaction
On 21 May 2023, the employee expressed discontent with the unexpected visit via email and cancelled a scheduled meeting. He asked the manager for an explanation regarding her actions. The manager explained that the visit was out of concern since the employee had not responded to her messages.
- Continued Tensions
The employee resumed work briefly on 24 May 2023 but continued to seek clarification about the surprise visit. He refused to engage in further dialogue without an adequate explanation. The conflict deepened, and the employee involved a confidential counsellor. On 20 June 2023, he reported sick again, stating he would not return for the remainder of the school year.
- Mediation and Termination
A company doctor assessed that the employee was not ill due to medical reasons but because of a disturbed working relationship, recommending mediation. This attempt failed. On 23 January 2024, the employee filed a formal complaint about the surprise visit. Due to ongoing tensions, the employer requested termination based on the damaged working relationship.
Court’s Ruling: Subdistrict Court Judgment
Termination Due to a Disturbed Working Relationship
The subdistrict court judge ruled that the employment contract should be terminated because of a disturbed working relationship. The breakdown in trust began with earlier disagreements but escalated significantly after the manager’s surprise visit to the employee’s dental practice.
Key Findings
- Employer’s Role
The court found that the manager’s surprise visit was inappropriate. It accelerated the deterioration of the professional relationship, and the employer should have shown more restraint.
- Employee’s Contribution
The employee’s unwillingness to engage in discussions and find a resolution contributed to the damaged relationship. His repeated refusals to communicate, despite mediation attempts, were noted as significant factors in the conflict.
Compensation and Transition Payment
- No Serious Culpability
While the employer’s actions were seen as a mistake, they did not reach the threshold of ‘serious culpability’. Therefore, no fair compensation (‘billijke vergoeding’) was awarded under Article 7:611 of the Dutch Civil Code.
- Standard Transition Payment
A standard transition payment (‘transitievergoeding’) was awarded, recognising that both parties contributed to the conflict, but neither was solely to blame.
Insights from the Court’s Analysis
Breakdown of the Relationship
The judge highlighted several key points that influenced the decision:
- The manager’s unannounced visit was a turning point in the breakdown of the relationship. The visit, while claimed to be out of concern, was deemed intrusive.
- The employee’s stubborn stance played a crucial role. His refusal to move past the incident or engage in constructive dialogue prevented any possibility of repair.
Handling Complaints
The court acknowledged that the employer mishandled the employee’s formal complaint by not addressing it promptly. However, the employee did not follow the proper procedures for submitting the complaint, despite being informed of the correct protocol.
Key Takeaways for Employers Under Dutch Employment Law
This case serves as a clear example of how not to manage employee illness:
- Avoid Unplanned Visits
Surprise visits can lead to misunderstandings and create mistrust. Employers should use official channels like the Occupational Health and Safety Service or a company doctor to address concerns regarding employee health.
- Open Communication
Effective and transparent communication is crucial. Attempts to resolve conflicts through dialogue are essential, particularly when disagreements have already emerged.
- Timely Handling of Complaints
Delays in addressing complaints can contribute to a sense of injustice and deepen conflicts. Employers should ensure complaints are handled through the appropriate channels and in a timely manner.
In Summary: Lessons Learned from the Limburg District Court Ruling
The Limburg District Court’s ruling on 12 September 2024 underscores the sensitivity required when handling employee illness and workplace conflicts. Both parties in this case contributed to the breakdown, leading to a termination without additional compensation. This case serves as a reminder that adherence to correct procedures and communication protocols is essential in maintaining a functional working relationship.
How 360 Business Law Can Assist
360 Business Law in the Netherlands offers expert legal guidance on employment matters, ensuring businesses and employees navigate complex situations with confidence. Their team provides comprehensive support on issues like employment contracts, workplace disputes, termination procedures, and compliance with Dutch employment law. With a deep understanding of local regulations, including how to manage conflicts involving a disturbed working relationship, 360 Business Law delivers tailored solutions that protect both employer and employee rights. Whether addressing grievances, conducting mediation, or advising on legal obligations, they help clients resolve disputes effectively and minimise potential risks.