Dismissal due to partner's behavior is possible, but pay close attention

Misconduct by your employee's partner or a family member does not in itself justify summary dismissal. The judge considers the role of the employee: dismissal can only stand if *he* is to blame. Such a situation often leads to a strained employment relationship and termination—but with a transition payment. Therefore, do not act hastily.

It sometimes happens that partners or family members interfere with the employment relationship. To a certain extent, this is permissible: an employee may be assisted during wage negotiations, just like the employer. However, no one is required to tolerate interference with the execution of work—performing labor and following instructions. Nevertheless, restraint is advised: do not immediately resort to summary dismissal.

The case: a mechanic's girlfriend's tirade

In a case before the District Court of Limburg (ECLI:NL:RBLIM:2021:1930), a man had worked as a mechanic since 2011. Things did not always go well; in October 2020, he received a final warning for, among other things, a negative work attitude, tardiness, frequent sick leave, and poor quality of work.

His girlfriend regularly visited the workplace. After being denied entry, she entered the workshop through an emergency door anyway. An argument ensued during which she insulted the employer, and later she drove after him, tailgating and honking. That same day, the employer summarily dismissed the mechanic.

Why the summary dismissal failed

The question was whether the employee could be validly dismissed for his girlfriend's behavior. The judge looked at *his* role. That was unclear: it did not appear what role he played in the altercation (according to him, he said no more than “it is impossible to reason with that man”), it did not appear that he knew what his girlfriend would do afterwards, and video footage showed that he had not helped her enter through the emergency exit.

The subdistrict court judge found the girlfriend's behavior unacceptable, but insufficient grounds for summary dismissal. However, the employment relationship was so severely strained that it could not continue. The judge dissolved the employment contract, with continued payment of wages until the end date and a transition payment. Equitable compensation was not applicable, as the employer did not act with serious culpability — but it was by no means cheap.

What does this mean for employers?

• The conduct of a third party (partner, family member) is not an independent ground for dismissal; the blame must lie with the employee.
• A hasty summary dismissal often does not hold up and turns out to be costly.
• If the employment relationship is truly disrupted, an amicable termination (with transition payment) is generally the safer route.

Frequently Asked Questions

Can I fire an employee because of his partner's behavior?

Not automatically. This can only be taken into account if the employee is personally at fault. The misconduct of a third party is not, in itself, a valid reason for summary dismissal.

What if the employment relationship is disrupted by this?

In that case, dissolution due to a disrupted employment relationship may be possible, but usually with a transition payment and without summary dismissal.

Am I allowed to refuse entry to an employee's partner?

Yes, an employer may deny third parties access to the company. However, that in itself does not justify the dismissal of the employee.

Are you unsure about a dismissal? Seek advice first

A hasty dismissal can easily cost you a transition payment as well as legal proceedings. The employment lawyers at MKB Juristen assess whether the dismissal holds up and choose the right course of action. View our expertise in employment law or schedule an intake interview .