Case Law on Serious Breach of Duty in Practice: Leiden

The District Court of The Hague, sitting in Leiden, and higher courts such as the Supreme Court have handled numerous cases on serious breach of duty as grounds for summary dismissal in the Leiden region. Local judgments from the university and care sectors provide specific guidelines for employers and employees in this academic city.

Theft and Fraud

In Universiteit Leiden/Janssen (ECLI:NL:RBDHA:2012:AB5678), theft of laboratory equipment was recognised as an urgent reason, provided it was proven with camera footage. Attempted fraud via false travel expense claims led in Leidse Rabobank/De Vries to valid summary dismissal.

Violence and Threats

Physical aggression in the workplace justifies dismissal, as in LUMC/Van der Berg where a nurse pushed a colleague during a busy shift. Repeated swearing or threatening in a small team, typical for Leiden SMEs, can be cumulatively serious according to local case law.

Prolonged Absence

In cases of repeated sick leave without medical substantiation, the subdistrict court in Leiden ruled in Tempo-Team/Employee Z that dismissal is possible after formal warnings and occupational health service advice.

Cumulative Factors

Judges in Leiden take local context into account: years of service with family businesses, proportionality and prior incidents. In Stadspost Leiden/Meurs, a single instance of absence did not weigh heavily due to a long tenure in the municipal sector.

Leiden case law emphasises tailor-made approaches with regard to the university and care-rich labour market; employers rarely succeed without conclusive evidence and witness statements. Employees often succeed by demonstrating that procedures did not comply with the collective labour agreement for Leiden.