In a recent ruling by the Gelderland District Court, the judge addressed the question whether downloading company-sensitive information by an employee constitutes gross misconduct. This decision offers valuable insights for both employers and employees regarding the boundaries of acceptable behavior and the consequences in employment relationships.

The case: unexpected dismissal and download incident

The case revolves around a commercial director who, in July 2024, was informed that his employment contract would be terminated due to dissatisfaction with his performance. Shortly after this announcement, the employer was alerted to suspicious activity on the employee’s account. An investigation revealed that the employee had downloaded 1,781 files containing company-sensitive information onto his personal laptop.

The employee immediately admitted to the download but stated that he had no malicious intent. He explained that, following the unexpected notice from his employer, he sought to gain insight into the reasons behind the dissatisfaction with his performance. His primary interest was in meeting notes and performance reviews.

The court’s ruling

The subdistrict court judge ruled that the employee had indeed acted in a blameworthy manner. Downloading such information was a breach of the employment contract and could have had harmful consequences, according to the judge.

However, the judge found that the employee’s actions did not amount to gross misconduct. The employee acted out of a personal need for clarity and not with the intention of harming the employer or leaking confidential information to third parties.

Key considerations of the court

• No intent or bad faith: The employee sought to understand his performance, not to deliberately cause harm.
• No proven damage: There was no evidence that the information had been shared outside the company.
• First offense: The employee had no prior record of similar violations.

.
Consequences for employer and employee

The employment contract was dissolved, but the employee retained the right to a severance payment. The €50,000 penalty sought by the employer was reduced by the judge to € 10.000.

Practical lessons for employers

This ruling highlights the importance of clear communication during termination processes. Employers are advised to:

• Be transparent about the reasons for dismissal to prevent unnecessary actions by employees.
• Establish clear protocols for handling company information, particularly during the termination of employment contracts.
• Provide ongoing training on confidentiality and the legal consequences of unauthorized actions.

.
For employees: proceed with caution

Employees should be aware of the risks involved in collecting or downloading company information, even if the intent is innocent. Although the judge showed understanding in this case, a similar action in another situation could indeed be considered gross misconduct.

Read the full ruling here

Conclusion

This ruling underscores that human emotions and reactions in employment relationships are not always clear-cut. While the employee’s actions were deemed blameworthy, the absence of malicious intent (in the judge’s opinion) played a crucial role in the final decision. For both employers and employees, it remains essential to act carefully and transparently during the termination of an employment relationship and to seek timely legal advice on what is permissible. The employment law attorneys at SPEE advocaten & mediation are here to assist you.