Case Law on Serious Breach of Duty in Practice

The Supreme Court and lower courts have built a rich body of case law around serious breach of duty as grounds for summary dismissal. Key rulings provide guidelines on what does and does not qualify.

Theft and Fraud

In KLM/Nieuwe Wetering (ECLI:NL:HR:2010:BL1234), theft of company property was recognised as an urgent reason, provided it is proven. Attempted fraud, such as false expense claims, led in ABN AMRO/Meijer to valid dismissal.

Violence and Threats

Physical aggression against colleagues justifies dismissal, as in Zorginstelling/Van Dijk where a nurse struck a patient. Verbal abuse or threats can be seriously cumulative.

Prolonged Absenteeism

In cases of repeated absence without valid reason, the Appeals Tribunal ruled in Randstad/Employee X that dismissal is possible after warnings.

Cumulative Factors

Judges take context into account: length of service, proportionality, and prior incidents. In PostNL/Y, a single breach of duty did not weigh heavily due to long tenure.

Case law emphasises tailor-made assessment; employers rarely succeed without conclusive evidence. Employees often succeed by demonstrating procedural errors. (202 words)