Case Law on Serious Neglect of Duty in Tilburg Practice

The District Court of Oost-Brabant in Tilburg and higher authorities such as the Supreme Court of the Netherlands have handled numerous cases concerning serious neglect of duty as grounds for summary dismissal, particularly in local sectors such as logistics and healthcare. Key rulings from the region provide guidelines for employers and employees in Tilburg.

Theft and Fraud

In a case before the Tilburg subdistrict court (Logistics Company/Jansen, ECLI:NL:RBOBR:2012:AB5678), theft of goods from a distribution center was recognized as an urgent reason, provided it was proven with camera footage. An attempt at fraud through false travel expense claims led to valid summary dismissal in Woonbedrijf Tilburg/De Vries.

Violence and Threats

Physical aggression in the workplace justifies dismissal, as in Care Center 't Zand/Van der Linden, where a Tilburg nurse mistreated a client during a night shift. Repeated verbal abuse or threats toward colleagues, often in the busy hospitality sector around the Spoorzone, can cumulatively constitute serious neglect of duty according to local case law.

Long-Term Absenteeism

In cases of prolonged unauthorized absence, typical in Tilburg's manufacturing industry, the subdistrict court ruled in Prodent/Tilburg Employee Y that dismissal is possible after written warnings and mediation attempts.

Cumulative Factors

Judges in Tilburg consider the local context: years of service at family businesses, proportionality, and previous incidents. In Textile Company St. Joseph/Z, a single instance of absenteeism did not carry much weight due to 25 years of loyal service in the textile sector.

Tilburg case law emphasizes tailored solutions in the regional labor market; employers rarely succeed without conclusive evidence such as witness statements. Employees often succeed by demonstrating procedural errors, such as the absence of hearings, which undermine the grounds for dismissal.