Labor contract termination for drug use upheld; court finds no immediate dismissal grounds due to lack of evidence.
Legislator summary
AI generatedThe court annulled the employer's immediate dismissal of the employee for using marijuana during work hours and ordered reinstatement with back pay. While the employer claimed the employee was caught using drugs on the premises, the judge found the employee had left the workplace to get food before being observed. Consequently, the court ruled that the employer failed to prove the specific circumstances necessitating immediate termination, though the employment relationship ended naturally after the fixed term expired. The employer was also ordered to pay outstanding wages, interest, and legal costs.
Legislator headnote
AI generatedArt. 7:1 lid 1 Wet op de Arbeidsverhoudingen; Art. 7:642 BW: An employer cannot justify immediate dismissal for drug use if the employee was not actually present at the workplace at the time of the alleged offense.