A dispute between store employees over a day off and one of them's sick son spirals out of control. Even cakes and flowers that were intended for makeup were thrown away.
It was purchased by the branch manager of the retail chain. The man has been working at the company since 1995 and was promoted to branch manager in 2007. He worked there, among other things, with a saleswoman who had been with the company for 15 years.
Hard special mode
A long time ago, so it is not surprising that they know a lot about each other. Such as the “complex medical problems” suffered by the branch manager’s son. One day in August last year, this particular difficult situation led to “friction,” as the Nijmegen court ruling describes the case.
That day, the man told his colleague that he might have to go home because of his son. The saleswoman replied that she was “completely finished” with the matter. So not the best atmosphere, overall.
Later that day, there was an argument on the camel's back about taking a day off. The agreement was that one would always be in the store, but now both are marked “free” on the same day in September.
Twice angry
The man got so angry about this that he left the store angrily. After a conversation with the district manager, he returned to apologize to the saleswoman. To emphasize his words, he bought a cake and a bouquet of flowers.
Unfortunately for him, his colleague was not satisfied with that. This in turn made the man so angry that he threw the cake and flowers at his colleague. Or at least away from himself. “Opinions differ on this matter,” the ruling said.
Anyway: After discussions with the saleswoman and the man, the company decided to transfer the man to another branch of the store chain. It is not clear which store, and there is nothing about this in the public version of the Nijmegen District Court ruling.
Transferred as a sales representative
There he can work as a salesman for six to nine months and keep his salary. This is to calm things down for a while. The man did not agree to this and called in sick. He also went to court.
His demands were very simple: the man wanted his old place back. This will not happen, because the retail chain strictly followed the rules contained in the employment contract. As an employer, the company had no choice, the judge ruled. Because it must ensure that people feel safe at work.
The temporary relocation was intended to provide peace and quiet, and the District Court judge did not find it to be entirely “unreasonable”. In addition, the man is also unable to work and the company doctor has advised mediation. Only if this is possible, reintegration is an option and can the place where the man can return to work be determined.
He also required the employer to send a correction to his colleagues. Other branch managers were said to have been told it was uncertain whether the man would return. If that happened, he would not be a branch manager, he said at a meeting at the end of September.
Legal costs
According to the company, this did not happen. Since these are summary proceedings, no further details will be provided about who is in the right. This is still not clear. But a district court judge ruled: Even if something like that was said, the question is whether it was “unlawful.”
Very slight changes in the man's position. All that remains is to pay the employer's legal costs, which total €793.
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