These were the 5 most notable dismissal cases of 2020

2020 saw a number of notable dismissal cases, particularly related to the coronavirus and “minor” offenses. The common thread: whether a dismissal stands up depends on the severity of the accusation *and* on the employer’s due diligence — a justified accusation will still fail if the procedure is incorrect. Below are five cases and the lesson for employers.

Below are five dismissal cases worth discussing in 2020, with what an employer can learn from each.

1. Lying about the holiday destination (corona)

An experienced prison security guard went to Turkey during his vacation, at the time an “orange” zone. Instead of going into quarantine, he simply showed up for work. When the employer confronted him, he lied and even provided false flight details to feign a trip to Greece (a green zone). The subdistrict court judge viewed this as seriously reprehensible conduct and dissolved the employment contract (District Court of Overijssel, ECLI:NL:RBOVE:2020:4497).

Lesson: not the vacation itself, but the lying and endangering colleagues was the deciding factor.

2. Sharing chicken nuggets — but dismissal reversed after all

A McDonald's employee shared leftover chicken nuggets after closing time, following a previous warning for consuming a shake. She was asked to resign voluntarily and signed the resignation form, but changed her mind. The court reinstated the employment contract (District Court of Limburg, ECLI:NL:RBLIM:2020:8873): the employer had failed to adequately warn her of the far-reaching consequences, should have given her time to consider and the opportunity to seek legal advice, and should not have had her sign a ready-made resignation letter. The employer was ordered to continue paying her wages and reinstate her.

Lesson: even in the case of a justified complaint, a dismissal can be overturned if you do not inform the employee carefully. Always have a departure documented in a proper settlement agreement with a cooling-off period.

3. Not paying for a plastic bag costing a few cents

An employee of the retail chain Action was summarily dismissed because he had taken a plastic bag costing a few cents without paying. The judge called it a trivial matter: such bags used to be free and the fee primarily serves an environmental purpose. The summary dismissal did not stand, and the employer was ordered to pay fair compensation of 3,600 euros (District Court of Gelderland, ECLI:NL:RBGEL:2020:3688).

Lesson: for summary dismissal, the offense must be serious enough. Minimal disadvantage rarely justifies such a severe measure.

4. Opening a restaurant while it was prohibited (corona)

An assistant manager of a Burger King branch was ordered to close the doors after the government had mandated this during the coronavirus pandemic. He had been notified of this on multiple occasions but opened the restaurant anyway. Following complaints, he was summarily dismissed, which the sub-district court upheld (Rotterdam District Court, ECLI:NL:RBROT:2020:7567).

Lesson: deliberately ignoring a clear, repeated instruction with serious consequences can indeed constitute grounds for immediate action.

5. Pour water from the bottle into your own bottle

A catering employee at KCS at Schiphol poured a bottle of water into his own water bottle. The employer dismissed him summarily, and the court agreed (District Court of North Holland, ECLI:NL:RBNHO:2020:4242) — not because of the value, but because the company had maintained a clearly communicated zero-tolerance policy for years and had previously dismissed employees for consuming soft drinks. The employee therefore knew that it meant business.

Lesson: a strict, consistent, and demonstrably communicated policy can support a dismissal that would otherwise seem too severe.

What do employers learn from this?

• The severity of the accusation counts: a trivial matter rarely justifies summary dismissal.
• Consistent and demonstrably communicated policy makes stricter action justifiable.
• Carefulness is crucial: allow time to consider, advise on legal advice, and do not force a signature.
• A proper settlement agreement is required for departure by mutual consent.

Frequently Asked Questions

When is summary dismissal valid?

There must be an urgent reason, and the dismissal must be given and communicated without delay. A minor offense is almost never sufficient; a serious offense against a clear policy may be.

Can an employee reverse a signed resignation?

Sometimes they are. If the employer has failed to provide sufficient information about the consequences or has not given a period of reflection, the consent can be revoked and the employment contract reinstated.

Am I allowed to dismiss an employee for something of little value?

Only if the offense is serious enough in the context, for example under a strict and consistently enforced zero-tolerance policy. Otherwise, summary dismissal is usually too severe.

Arranging a dismissal carefully and on a legally sound basis

These cases demonstrate how quickly a dismissal can be invalidated by a careless approach. The employment lawyers at MKB Juristen help you ensure that dismissals, warnings, and policies are legally sound. View our expertise in employment law or schedule a free intake consultation .