Good collaboration is essential in the workplace. Sometimes the relationship between an employee and colleagues or a supervisor deteriorates to such an extent that there is a disrupted working relationship. This can lead to dismissal, but only under strict conditions.
In this article, we discuss how courts assess employment disputes, what solutions are available, and what your rights are in the event of dismissal due to a disrupted working relationship.
What Is a Disrupted Working Relationship?
A disrupted working relationship exists when:
The collaboration between you and your colleagues or supervisor is permanently disrupted.
Trust has been damaged to such an extent that normal functioning is no longer possible.
Attempts to restore the relationship have yielded no results.
A temporary conflict or disagreement is insufficient to justify dismissal.
When Can Dismissal Follow?
An employer can only request dismissal due to a disrupted working relationship if:
The conflict is serious and permanent.
Serious attempts have been made to restore the relationship (e.g. mediation).
Redeployment in another position is not possible.
The employer must demonstrate this to the subdistrict court judge.
Solutions Before Dismissal
Employers are required to attempt to resolve the conflict, for example through:
Mediation or coaching.
Adjustment of tasks or workplace.
Transfer within the organisation.
Only when these measures do not work can dismissal be considered.
Severance Payment for a Disrupted Working Relationship
You are entitled to the transition payment.
In case of seriously culpable conduct by the employer (for example, by allowing the conflict to escalate), the court may also award a fair compensation.
Settlement Agreement in Employment Disputes
Many employers opt for a settlement agreement (VSO) to resolve the conflict without going to court.
You retain your right to unemployment benefits if the settlement agreement is correctly drafted.
You can negotiate extras, such as a higher payment or exemption from work.
Practical Examples
Example 1: An employee had a dispute with his supervisor. Because no mediation had been offered, the court rejected the dismissal.
Example 2: A conflict between colleagues escalated to such an extent that collaboration became impossible. The court dissolved the employment contract and awarded the transition payment.
Example 3: An employer deliberately provoked a conflict. The court awarded a fair compensation of EUR 25,000 in addition to the transition payment.
Checklist: Dismissal in Employment Disputes
Is the conflict structural and irresolvable?
Has the employer tried mediation or other solutions?
Has redeployment been explored?
Check entitlement to the transition payment and possible fair compensation.
Always have a settlement agreement legally reviewed.
Common Mistakes
Assuming that every conflict justifies dismissal.
Not keeping a record of conversations and events.
Agreeing to a settlement agreement too quickly without negotiation.
Not realising that fair compensation is possible in case of culpable conduct by the employer.
Frequently Asked Questions (FAQ)
1. When is a working relationship considered 'disrupted'?
When collaboration is seriously and permanently impossible.
2. Must the employer offer mediation?
It is not mandatory, but the court does expect serious efforts at restoration.
3. Will I receive a payment upon dismissal due to an employment dispute?
Yes, at least the transition payment. Sometimes also fair compensation.
4. Can I sign a settlement agreement in a conflict?
Yes, but always have it legally reviewed.
5. What if I disagree with dismissal due to a conflict?
You can mount a defence before the subdistrict court judge.
Why Arslan Advocaten?
Specialised in employment disputes and dismissal cases
Experienced in negotiations regarding settlement agreements
Litigating for reinstatement or fair compensation
Regularly achieve higher payments for clients
Conclusion
A disrupted working relationship can be grounds for dismissal, but only if restoration proves impossible. Often, solutions or opportunities to negotiate better terms still exist. Therefore, always have an employment lawyer review your situation in an employment dispute.