Teacher writes a critical book and receives high, fair compensation

An employer may have an employment contract terminated due to a disrupted employment relationship (the g-ground), provided that the disruption is serious and lasting and reconciliation is no longer possible. However, if the employer also acts negligently—for example, by suspending too quickly without a discussion—the court may award substantial equitable compensation. A teacher who wrote a critical book received 40,000 euros in this way.

In this dismissal case, a teacher at a regional vocational training center (ROC) wrote a book criticizing the new ROC teaching method. She was allowed to write the book at her own responsibility, but was reminded to respect privacy legislation, the internal code of conduct, and good employeeship.

The case: a book that hurt colleagues

The teacher had fictitious the names of colleagues, but their identities often remained easily traceable. Due to the resulting unrest, ROC Nijmegen suspended her; a mediation process failed, after which the ROC requested dissolution on the grounds of the g-ground. Read more about the various grounds for dismissal: the g-ground applies in the case of a disrupted employment relationship that is serious and lasting and beyond repair. Both the sub-district court and the Arnhem-Leeuwarden Court of Appeal agreed with the dissolution (ECLI:NL:GHARL:2021:3667).

Why the employment relationship was disrupted

The court found the disruption serious and attributable to the lecturer. With her book, she had hurt a substantial number of colleagues; certain stories could be traced back to specific colleagues, even though she had been warned. The court took a serious view of the leaking of sensitive company information and of her social media posts, in which she primarily sought attention for the restriction of her freedom of expression without regard for her colleagues. Restoration was no longer possible: colleagues threatened to resign upon her return, and reassignment to another branch was unsuccessful due to the intense attention.

No connection with Works Council membership

As a works council member, the teacher enjoyed protection against dismissal, but the court ruled that the dissolution was unrelated to that membership: she expressed her criticism through the book, not as a works council member.

Fair compensation after all: the employer also made mistakes

The court ruled that the ROC also acted with serious culpability by suspending her too quickly. It should have held a conversation first, communicated more openly, and organized a meeting between the teacher and her colleagues to normalize the situation. By the hasty suspension, the ROC deprived her of that opportunity. The court found the requested 250,000 euros to be too high; it set the equitable compensation at 40,000 euros gross.

Frequently Asked Questions

What is the g-ground for dismissal?

The ground for dismissal is “disrupted employment relationship”. The disruption must be serious and lasting, and restoration must no longer be possible; otherwise, dissolution will not stand.

Can a dismissal stand and still result in compensation?

Yes. If the employer acts in a seriously reprehensible manner, for example by suspending negligently, the court may award equitable compensation in addition to the dissolution.

Does a works council member have additional protection against dismissal?

Yes. A Works Council member can only be dismissed in specific cases, and the dismissal must not be related to the Works Council membership.

Legal advice in a dismissal case

Carefully resolving a strained employment relationship prevents high compensation payments. The employment lawyers at MKB Juristen guide you step by step. View our expertise in employment law or schedule a phone appointment.