Date: January 19, 2017
Modified November 14, 2023
Written by: Annemarie van Woudenberg
Reading time: +/- 2 minutes
An employee with allergy symptoms no longer accepted his boss's dog in the workplace. Despite the employee's explicit requests to stop bringing the dog, the employer did not comply. The employee asked the subdistrict court to dissolve the employment contract for this reason.
An employee can request the subdistrict court to dissolve the employment contract due to circumstances that are such that the employment contract should end immediately or in the short term. Such a request was thus submitted to the subdistrict court by the employee in this matter. According to the employee, there is a labor dispute because the employer refuses to adjust the working conditions, which hinders the employee from going to work. For this reason, the employee no longer has confidence in good cooperation.
The district judge agreed with the employee and dissolved the employment contract. According to the subdistrict court, an employer is obliged to ensure a healthy working environment for its employees. The employer ignored the employee's explicit requests - not to bring the dog to work anymore - thus the employer violated the principle of good employment practice and the Working Conditions Act. Moreover, the employer could very easily have solved the problem by leaving the dog at home from now on. Therefore, the employer's acts and omissions are seriously culpable. Therefore, in addition to the transitional compensation, fair compensation of €2,500.00 is awarded to the employee.
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