Even a seemingly minor violation can have significant consequences, as demonstrated by a recent decision from the District Court of Midden-Nederland. A cashier who redeemed a found deposit receipt worth €7.80 for her own groceries was summarily dismissed. Did the dismissal hold up in court?

Facts

The situation unfolded when the employer discovered that the employee had redeemed a deposit receipt she had not submitted herself. The cashier used the receipt, valued at €7.80, while paying for her own groceries. The employer launched an investigation and confronted the employee about her actions. This led to a summary dismissal, which the cashier contested. She petitioned the court to annul the dismissal.

Employer’s zero-tolerance policy

The court ultimately sided with the employer. The company had a clear zero-tolerance policy regarding found deposit receipts. This policy, outlined in the company regulations, required that such receipts must always be turned in. The court found that the low value of the receipt was irrelevant.

The employer demonstrated that employees were regularly informed about this policy. For a cashier who works daily with cash flows and vouchers, integrity is of paramount importance. By redeeming the receipt, the employee had severely damaged the employer’s trust in her.

Judicial review

The court held that:.

1. The employee’s actions were serious enough to justify summary dismissal: Redeeming property that did not belong to her constituted misconduct.
2. The employee was aware of the policy: The company regulations and regular reminders made it clear that the employee knew or should have known her actions were prohibited.
3. The dismissal was given without undue delay: The employer acted within one day of completing the investigation.

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Given the employer’s interest in preventing theft and the sensitive position of a cashier with access to cash flows, the court found the summary dismissal proportionate and lawful.

Read the full ruling here

Conclusion

This ruling underscores the importance of clear workplace policies and careful action in employment matters.

Do you have questions about summary dismissal, drafting or reviewing workplace policies, or other employment law issues? The labor law specialists at SPEE advocaten & mediation are here to advise and assist you. Feel free to contact us.