‘It’s my way or the high way’-approach costs employer small fortune
In a recent judgment (LJN: BW1460), the Dutch sub district Court emphasized once again the importance of having a complete personnel file of malfunctioning when seeking dissolution of an employment contract. The lack of such a file, cost the employer in this case € 300.000,-. According to the sub district Court, the employer was unable to prove sufficiently that the employee was malfunctioning. Moreover, the employer did not give the employee enough opportunity to improve himself. Having established itself recently in the
The employee started working for the international company in 2008, with business locations in
Different management style
The sub district Court was apparently not amused by the employer’s line of actions. In the judge’s opinion, the employee had performed his tasks properly since the beginning of his employment relation. No kind of malfunctioning could be proven sufficiently to the Court. In addition, the alleged malfunctioning had not been explicitly pointed out to the employee. From the personnel file, it could only be proven that the employee might have had a different management style. However, another management style does not necessarily result in incapability of performing ones duties, according to the Court.
Performance Improvement Plan
The sub district Court neither agreed with the statements of the employer that a Performance Improvement Plan had been given to the employee. As the lapse of time between the evaluation and the request to the sub district Court to dissolve the employment agreement was only a week, it did not sound very credible that the employer actually gave the employee the opportunity to improve himself. The employee was not even provided the opportunity to write down his own comments in reply to his evaluation. This way of handling, in combination with the suspension and blocking the email-account of the employee, made the employer acting against what is expected from an employer in the