Dismissal after threats or violence

Safety comes first. The facts and the appropriate response must then be established carefully from a legal perspective.

Ensure safety first and record the facts

End any unsafe situation, involve internal support or the police where necessary, and ensure that those involved are interviewed separately. Preserve CCTV footage, messages, medical information and witness statements.

An employer may investigate and, subject to the applicable conditions, temporarily release or suspend an employee during that investigation. Do not reach a final conclusion until the relevant facts and statements have been assessed.

1restore safety and gather the facts independently

2assess seriousness, context, evidence and proportionality

Assessing facts and statements after an incident at work

Do threats or violence always lead to dismissal?

Physical violence and serious threats may constitute an urgent cause for summary dismissal. This is not automatic, however.

The court considers, among other things, the nature and seriousness of the conduct, its context, the evidence, previous warnings, the employee’s role, the duration and course of employment, personal circumstances and the consequences of dismissal. The dismissal must also be given without delay and the reason communicated immediately.

Read about summary dismissal

What happened in the case?

In case ECLI:NL:RBMNE:2019:2263, a mechanic was summarily dismissed following an incident with a colleague. After a long-running dispute about the temperature in the workshop, the employee had pulled at clothing and verbally confronted colleagues.

The conduct was proven, but the court also considered the limited seriousness of the physical contact, the context of the conflict, the employee’s long service and his previously good performance.

Why was the summary dismissal overturned?

In these specific circumstances, the court considered the conduct as a whole insufficiently serious to justify the most severe dismissal measure. The dismissal was therefore overturned and compensation was awarded.

The judgment does not mean that threats or violence are ordinarily tolerated. It shows that the evidence, context and proportionality must always be assessed individually.

Have the case assessed