Summer holidays are coming to an end. While most employees return neatly on time, there are always a few who decide to extend their holidays unexpectedly. As an employer, you need to be alert: returning late from holidays can have serious consequences for the employee. This is evident from a recent ruling From the Arnhem-Leeuwarden Court of Appeal.
The case study
The employee in question left for a three-week holiday to his native Poland in July 2023. On the way, he had a car accident, which resulted in damage to his car. Instead of immediately informing his employer of the situation, he waited until his car was repaired and returned from his holiday later than agreed with his employer, leading to a summary dismissal.
The verdict
The employee tried to challenge the dismissal, but the court ruled in favour of the employer. The court ruled that the employee was aware of his obligation to return on time and had no valid reason to extend his absence. Moreover, he had not sufficiently contacted his employer about his situation. Although the court found the dismissal justified, the employee did retain the right to a transitional allowance, as his actions were not considered seriously culpable.
Tips employer
For employers, this case underlines the importance of clear communication and clear agreements on holiday deadlines. Employees must understand that failure to comply with these agreements is not without consequences. The court stressed that employers are allowed to take strict measures when compliance with holiday deadlines is at stake, especially if it negatively affects business operations.
As an employer, it is wise to properly inform your employees in advance about the consequences of not returning on time. This can prevent problems when returning after the holiday.
With the end of the summer holidays approaching, it is a good time to take another look at your human resources policy.