Building a paper trail in Dismissal Cases

5 March 2025

Building a paper trail in Dismissal Cases

By Amber Willemsen

Wherever people work together, employment relationships can be disrupted due to various circumstances. If an employer no longer wishes to continue an employment contract for this reason, the court will assess whether there is a valid ground for termination. In such cases, the dismissal file plays a crucial role.

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.)

Related blogs

Previous slide
Next slide

17 September 2026

Dismissal for lying about working from home

Incorrectly registering a workplace can constitute an urgent reason for summary dismissal. The Rotterdam District Court recently confirmed this in a judgment. The case concerned an employee of online bank Bunq. Over a period of three months, the employee stated 21 times that he was working from the office in Rotterdam, while other data showed that he was not at the office.

Read more

Read more about

3 September 2026

Employer, may I move to a competitor?

Many employers include a non-compete and/or non-solicitation clause in their employment contracts. If an employee wants to work for a client or a competitor of the employer, and the employer does not allow this, the employee may feel compelled to take the matter to court. That was also the case in a ruling by the Zeeland-West Brabant Subdistrict Court in May 2025.

Read more

Read more about

27 August 2026

Works council and right of consent for changes to home working policy

Around the summer of 2025, two judgments were published on a highly topical issue: changes to home working policy. From the United States, a trend seems to be spreading to the Netherlands in which companies are trying to force employees to work from the office more often, or even full-time.

Read more

Read more about

13 August 2026

New Act on Transfer of Undertakings in Bankruptcy (WOVOF): consequences for employees and restart entrepreneurs

Some time ago, a blog was published on our website about the protection of employees in a restart following bankruptcy. It was relevant then and remains a topical issue now, as the Act on the Transfer of Undertakings in Bankruptcy (Wet Overgang van Onderneming in Faillissement, WOVOF) is approaching.

Read more

Read more about

16 July 2026

Love in the workplace: employment law considerations

Cupid does not let his arrows be guided by HR policies. That situations of love at the work place do not always come without consequences became clear again after the Coldplay concert end of 2025.

Read more

Read more about
All articles