It occurs in many work environments: an employee who regularly speaks unkindly about colleagues, often to other colleagues, and who also criticizes management. This can significantly cool the atmosphere in the company and disrupt relationships at work, especially if the criticism is expressed in no uncertain terms. But how far does the line of what is acceptable extend? When is this behavior so reprehensible that dismissal is justified? That is a question that was recently raised in the District Court of East Brabant (ECLI:NL:RBOBR:2024:5082).
Valid reason for dismissal
In a recent case, the subdistrict court ruled that an employment contract could be terminated due to systematic negative behavior in the workplace. However, it was determined that the behavior was not so seriously reprehensible that the employee is exempt from receiving a transition payment. This means that the dismissal will still cost the employer a considerable amount. The ruling provides insight into the boundaries of negative behavior in the workplace and the potential consequences of such a dismissal. It is therefore relevant for all employers who have to deal with such situations.
What was at stake in this dismissal case?
In the case mentioned, an employee was dismissed because she repeatedly spoke negatively about her colleagues and supervisors. She also voiced sharp criticism of the company's operations. Despite multiple warnings and an attempt at mediation, the employee refused to change her attitude. The employer requested the dissolution of the employment contract on the grounds of culpable conduct. The judge ruled that while the employee's behavior was culpable, it was not seriously culpable. The criticism stemmed from dissatisfaction with the performance of others and the company's operations. It was not intended to deliberately hurt others. Consequently, the employee retained the right to a transition payment.
When can negative behavior lead to dismissal?
Dismissal due to negative behavior or negative communication about and towards colleagues is not simply accepted. There are a number of factors that the judge will take into account and that can justify the dismissal. For instance, it usually requires repeated behavior that leads to an unsafe or unpleasant work environment.
Generally, an employee must first be given the opportunity to improve his or her behavior. If warnings remain without effect, this may be grounds for dismissal. Moreover, the behavior must demonstrably affect the work atmosphere or cooperation. In this case, colleagues had indicated that they felt unsafe and anxious due to the employee's remarks. When an employer takes steps, such as offering mediation, and the employee does not cooperate, this may play a role in the judge's decision. Finally, intent also plays a role, although this is always difficult to prove. If it appears that the employee willfully intends to cause harm to others, this carries more weight. In this case, the judge ruled that there was no intent to cause harm, and that everything stemmed solely from dissatisfaction with the manner of functioning.
In other words, every case is unique and can lead to a different outcome. Therefore, when the behavior could give rise to a potential termination of the employment contract, it is advisable to seek legal advice. An employment lawyer will provide support in these situations and advise on the best approach.
