Since the “Me Too” movement, many employers have developed new policies that take greater account of the interests of other employees. What happens if one or more employees do not want to go along with this? An employee must go along with the changing culture of an employer, according to a Dutch subdistrict court. In a case heard by the Rotterdam District Court, an employee’s employment contract was therefore terminated with effect from March 1, 2025. This ruling shows how complex labor relations can be within organizations undergoing cultural change.
Even without “formally culpable conduct,” an employee can lose their position if they fail to adapt sufficiently to the new course.
This underlines the importance of self-reflection and adaptability in leadership roles. The employee will receive a transition payment of €94,691.38 gross, but his request for fair compensation of more than €400,000 was rejected. After all, there was no serious culpable conduct on the part of the employer.
Seriously disrupted working relationship after cultural change
On January 17, 2025, the Dutch subdistrict court in Rotterdam ruled on a labor dispute within the public transport company RET. The case concerned the termination of the employment contract of an employee working as a section head of safety. The court ultimately decided to terminate the employment contract due to a seriously disrupted employment relationship.
Work culture within the Safety department
The employee, who had been with the company since 1985, came into conflict with his new manager, who was appointed in 2022 to improve the work culture within the Safety department. In the course of 2024, several complaints were received from colleagues about the section head’s behavior. He was said to have been controlling, punitive, and sometimes intimidating. An external investigation agency, Verinorm, investigated the culture in the department.
Resistance to the cultural change in The Netherlands
The investigation report revealed that there was a seriously dysfunctional work culture, divided into two camps. According to the report, the section head was part of a power bloc that resisted the cultural change that had been initiated. Several employees reported feeling unsafe and some even left the organization because of the working atmosphere.
Dismissal due to seriously dysfunctional work culture
The RET requested termination of the employment contract, primarily on the grounds of culpable conduct and, in the alternative, on the grounds of a disrupted working relationship. The court ruled that there was no culpable conduct in the legal sense, partly in view of the employee’s long service and the lack of concrete evidence that he had acted deliberately. He was not blamed for his lack of insight into the effects of his behavior.
No evidence of self-reflection
However, it was established that the employee’s attitude and behavior played a central role in maintaining an unsafe and divided work culture, and that he showed no evidence of self-reflection. According to the court, this resulted in a lasting breach of trust. Reassignment within the organization was not considered feasible due to the broad impact on colleagues. Although the employee is incapacitated for work, there is no prohibition on termination because the incapacity for work is not related to the reason for dismissal.
Contact an employment lawyer in Amsterdam about a disrupted employment relationship due to cultural change
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