Building a paper trail in Dismissal Cases

A recent ruling once again highlights that not only the size of such a file but its content is of decisive importance.

Termination Request

When the case reached the court, a lot had already been going on. The employee, who had worked for the company for over twenty years and most recently served as a supervisor, went on sick leave and remained unfit for work for more than 2.5 years.

After his recovery, a six-month improvement plan was initiated, during which he worked as a supervisor at a different location. After six months, it was agreed to extend the improvement plan, but this time at his original workplace. However, his team was not receptive to this. Both the acting supervisor and around fifteen employees (anonymously) expressed objections to the employee’s return.

The employer then filed a termination request with the court, citing underperformance (D-ground), culpable conduct (E-ground), a disrupted working relationship (G-ground), and the cumulative ground (I-ground). However, the lower court denied the dismissal request.

Appeal

On appeal, the court ruled that the employer could reasonably be expected to continue the employment contract for the following reasons:

• The long duration of the employment relationship
• The employee’s positive performance evaluations before his sick leave and the arrival of a new manager
• The absence of an improvement plan at his original workplace
• The lack of a meaningful conversation between the employee and the colleagues who (over two years later) complained about his leadership style
• The availability of supervisor vacancies within the company
• The employee’s strong performance as a supervisor at the other location
• The employee’s personal interest in maintaining his employment contract

Impeccable Service Record

The final ruling was that the employee had to be reinstated as a supervisor in Amsterdam (the other location), where he had successfully worked for six months. This case illustrates that in dismissal cases, not just the size of the file matters, but more importantly, its content. Proper file building is essential in dismissal cases.

The interests of an employee, especially one with a long and impeccable service record, are heavily weighted by the court. Moreover, this ruling reaffirms that courts expect employers to seriously consider reassignment options.

More Information

Do you have questions about file building in a dismissal case? Or do you need legal advice in a similar situation? Feel free to contact us.

Court of Appeal Amsterdam, April 30, 2024, ECLI (summary): 1159

(This article was previously published in HR Rendement.)