Netherlands Update: “Using a little bit of cocaine during company party; justified instant dismissal?”

Cocaine and hotels are a more common combination in case law. A few years ago, the saga at Hotel W played out with the doorman who traded in cocaine and now it is the turn of Ambassador City Centre in Haarlem. At a company party, four employees ‘use a little bit of cocaine’. For the hotel, it is a reason to dismiss one employee with immediate effect. The subdistrict court in North Holland put an end to the instant dismissal and allowed the employee back to her workplace. What is going on?

The hotel organizes a company party, in its own hotel, where a total of 60 employees (+ partners) are present. The party does not go entirely smoothly; There is a riot, glass is thrown and several employees are sent home because of drunkenness. After the party, residues of cocaine are found in the toilet, after which the hotel starts an investigation. It soon turns out that the employee in question has used cocaine. She is confronted with the findings and acknowledges the use of cocaine. The hotel presents her with a choice: terminate herself or dismiss with immediate effect. It will be the second option.

The employee does not agree and points to the drinking during the party, also by the HR officer. The employee also states that drinking and drug use was very common and that she – unlike some colleagues – did not misbehave at the party. The house rules, which prohibit alcohol and drug use during work and in the workplace, were in practice a dead letter.

The hotel emphatically points out these house rules as well as the serious social damage caused by drugs. This does not find favor with the judge. For example, in the house rules, drugs are put on an equal footing with alcohol, while during the party plenty of alcohol was consumed and not judged to be bad. The hotel has also not intervened in previous drug-related incidents with summary dismissal. Finally, the Subdistrict Court considered that although there was a ‘work-related activity’, it was not working time and that the hotel only found out about the use after the party.

The employer is in the wrong and must allow the employee back to work. The lesson? Making policy is good, implementing it is better!

Curious about the whole ruling? You can read it here. 

By Hocker, Netherlands, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact netherlands@transatlanticlaw.com

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