The Netherlands Update: Statement of the week: “What to do if the employee continues to deny insufficient performance?”

Noorderbreedte, a healthcare institution, has to deal with a case that will be familiar to many employers. It concerns an employee who works well in itself, ‘knows how to tackle’, and also dares to express an opinion / vision. However, the way in which this is done is not always subtle. This is also the case with the Noorderbreedte employee. She works as a Nursing IG, and starts a learning trajectory for the position of Nurse.

The employee does not make himself popular. First, there are problems in her own team, it is about the treatment and attitude of the nurse. The social safety of colleagues and patients was at stake. It also soon becomes clear that there are (still) doubts about her level of knowledge. After a conversation about this, it goes from bad to worse. She insists that she does not recognize the criticism of her performance and also denies a collision with an intern. The nurse is transferred to a new location, but things quickly go wrong there too.

Noorderbreedte terminates the apprenticeship contract for the programme. It is repeated that there are complaints about her communication, attitude and behavior. In short, there is no way to work with her. In the end, Noorderbreedte withdraws confidence in her and tries to reach a settlement agreement. This does not work, after which Noorderbreedte successfully goes through a dissolution procedure before the subdistrict court.

The nurse does not give up and steps into the Arnhem-Leeuwarden Court of Appeal. There, too, she catches bone. In some fine considerations, which are in line with the subdistrict court, the Court explains that although the nurse does a good job in terms of content, this is not enough. By not seeing that she needs to improve on certain points (communication, behavior), the employee has made herself impossible. Noorderbreedte has done enough to try to come to this insight. The Court shall maintain the dissolution.

Great for (the HR department of) Noorderbreedte and a support for employers who have a similar case available.

Read the full verdict here

By Hocker, Netherlands, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact netherlands@transatlanticlaw.com

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