A cluster tomato grower has fired an employee on the spot for 'tampering with timekeeping.' Prior to the dismissal, the grower installed hidden cameras to confirm suspicions. According to the grower, the employee tampered with the registration of his own hours. The employee oversaw about thirty to eighty workers and their timekeeping, on which their pay was based.
Valued force
The 's-Hertogenbosch Court of Appeal ruled on 21 December in an appeal case that focuses on whether the dismissal was justified and on the financial settlement. The grower does not want to rehire the employee. Conversely, the employee no longer wants to work for the grower. Both parties are demanding money from each other. The employee appealed against an earlier ruling by the district court.
The Court of Appeal confirmed the decision of the district court. The measure taken by the grower was 'harsh' but justified. The employee had an 'excellent service record' and had been working for the grower for a long time. The judge ruled that the employer did not have to risk undermining its system of timekeeping and the associated remuneration by the person who was supposed to supervise this system.
Camera footage
The employee was offered the alternative of terminating the employment contract by means of a settlement agreement on 31 December 2022 with payment of four gross monthly salaries, including holiday pay. The proposal was only valid for a short time. The employee did not accept the proposal, after which the grower fired him on the spot.
The use of camera footage was justified, as the judge 'cannot see how she could have found out whether the employee was tampering with his timekeeping without notifying him.'