|
According to the Court of Justice of Arnhem, hitting the boss in the face with a crowbar in principle is a ground for dismissal on the spot. 'In principle', and not by definition.
So when is hitting the boss with a crowbar not a ground for dismissal on the spot? In its verdict the court explicitly leaves room for situations in which the employee acts in self-defence (excess). In the case on which the court passed its judgement, the employee stated that in fact he had been provoked by continuous pestering. The employee has not been able to produce (sufficient) proof, but from the sentence of the court of justice it can be deduced that even if he had been able to finish off the evidence, this would not have changed the case.
For the complete text of the judgement click here
|