Dunce of the week
Even at renowned law and notary offices, undesirable behaviour occurs. This is evident from a ruling by the Amsterdam court on December 20, 2024. In this specific case, it involved the awarding of a dunce cap as a "trophy" when an employee made a mistake. The court ruled that such unprofessional behavior constituted a breach of good employment practices. This fact, in conjunction with other circumstances in this case, led to a substantial compensation of EUR 150,000 gross that the office must pay her.
What was going on?
This case involved a senior candidate notary who had been working at the office since 2018. Although there had been criticism of her performance since 2021 and a coach had already been engaged, she had continued to receive her bonuses and annual salary increases until 2023, and her overall final assessment was "Good".
In March 2024, it became clear that the notary partners were dissatisfied with her performance because her functioning (and number of billable hours) lagged behind in 2023, and there was no confidence that this performance would improve, partly due to the earlier involvement of the coach. The employee was told that there was no future for her at the office and was offered a termination agreement. When this proposal was not accepted, the office suggested mediation, and the employee was exempted from work and asked to hand over her work. After the employee rejected mediation because it would be an exit mediation and did not attend the meeting, the office stopped her salary and eventually filed a request for dissolution.
The employee defended herself and claimed compensation of over 28 million(!).
The verdict
The subdistrict court ruled that the office had not done enough to agree on concrete improvement points where performance was deemed substandard. The fact that the employee was placed in the office of the partner for whom she worked may have had good intentions, but the court understood that this was perceived as intimidating by the employee. This is all the more pressing since the office contributed to the disruption of the relationship through the comments made. The subdistrict court considers:
"Although there is high pressure and hard work, this does not mean that the way feedback is given should not remain careful and professional, especially when an employee's performance is under scrutiny. The fact that certain habits have developed within the office culture, partly acknowledged by Dentons, does not mean that this cannot contribute to the disruption of the employment relationship. It is understandable that comments such as 'stupid' and 'dunce,' and awarding a dunce cap as a trophy under certain circumstances, which occur here, do not fit within good employment practices. One person experiences the way feedback is given as clear and with a joke, while another experiences it as disruptive and unpleasant".
Ultimately, the subdistrict court dissolved the employment contract due to the disrupted relationship acknowledged by both parties. Because the office had acted seriously culpably according to the subdistrict court, the employee was awarded a fair compensation of EUR 150,000 gross in addition to the statutory transition compensation. Additionally, the office must pay a statutory increase of 25% over the wrongfully stopped salary.
Conclusion
The employee did not receive the millions she claimed. At the same time, the ruling once again makes it clear that there is a great danger in prematurely aiming for termination of the employment relationship without a well-executed improvement process. And also that certain office rites, even if they are perhaps meant to be funny, are no longer appropriate in a modern work environment.
