At the wholesaler AllesMarine in Obdam in North Holland, where the man worked, employees keep track of their own hours in the automation system.
Drinks are not overtime
Last spring, his employer informed him that he had incorrectly entered the hours of Friday afternoon drinks in the system as overtime. The company amended that registration retroactively.
Subsequently, however, the man himself changed the hours again, by increasing at least an extra fifteen minutes every working day. According to him, he had started every day at least 15 minutes before the official working time, and he should be paid for that time as overtime.
During the Friday afternoon drink on May 21, he urged his boss to pay the overtime. When his boss said he wanted to assess it first, the man freaked out.
According to witnesses, he would have hurled gross insults at his boss in front of colleagues, his girlfriend and children. He called him a ‘cock and a liar’ and a ‘defaulter’.
After internal consultations with his associates, his boss fired the man on the spot, based on the insults and cheating of overtime. Several colleagues claimed that the man almost never started work earlier.
Claimed severance pay
However, the employee was not satisfied with the dismissal and went to court. There he demanded more than 115,000 euros in dismissal and compensation, because he was wrongly put on the street.
The fired employee called the testimonials of his colleagues implausible, because they came from his boss’ associates or employees who had been employed briefly. According to the man, his boss had just lashed out at him.
Whistle to reimbursements
A ruling that became public yesterday shows that the subdistrict court in Alkmaar believes that it has been established convincingly that the man cheated with his overtime and insulted his boss. His employer thus had good reasons to dismiss him on the spot, and he can whistle for the compensation demanded.
The water sports wholesaler still has to pay the man almost 1000 euros, as compensation for his overtime. The disputed quarters were removed from that by the judge.