Thursday, April 26, 2018

Dismissal of an employee due to acting in an erotic movie?

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In the case on February 1, 2011 by the Court in Leeuwarden, the Netherlands, an employee was fired on the spot because of her participation in an erotic movie. The employee did not agree with the dismissal and demanded continued payment of wages.

Facts

The employee started with her employer on September 1, 2009. Employee worked in the kitchen of the hotel of employer. In February 2011, the employer discovered that the employee played in an erotic movie in her free time. The movie can be seen on an erotic website and is accessible to the public against payment of a fee.

The employer dismisses the employee on the spot because it does not wish to be associated with the activities undertaken by the employee. Employee would have exceeded the house rules of the hotel with her conduct. According to the employer, the behaviour of the employee damages the good reputation of the hotel and employer is incurring damages. The fact that employee made the movie in her private time and that the employee has had no contact with clients of the hotel, is irrelevant according to the employer. According to the employer, the point is that it is known that an employee of the hotel participated in the making of an erotic movie and that this movie is freely accessible to the public.

The ruling of the Court:

The Court takes all circumstances of this case into account when assessing this dispute. The nature and severity of the reasons for dismissal need to be weighed against the personal circumstances of the employee. Having taken into account all circumstances, the Court finds that the conduct of employee poses no serious threat to the employer. The movie was made in private and this has no relevance with the operations of the hotel and the role of the employee in the hotel. Moreover, the employee did not have any contact with clients of the hotel. The Court ascertains that a termination of the employment contract has a severe impact on the successful completion of the training of the employee. The employer has not proven that continuation of the employment relationship will result in adverse publicity and reputational damage for the hotel. The dismissal will therefore be overturned. The Court rules that the employment contract has not been terminated lawfully and orders the employer to pay salary in arrears.

 

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