No music during presentation? Teacher suddenly fired

A teacher had a bizarre day this summer when she participated in a training day in preparation for the orientation day of the school that was to take place the following day. Suddenly she had to pack her things and she was fired on the spot. She only learned the reason weeks later: she allegedly refused to put music under her presentation, after which the director dismissed her.

The teacher will of course appeal against this summary dismissal – the most severe sanction you can receive from your boss as an employee – and will take the matter to court in Haarlem.

First of all, the dismissal does not comply with the rules. A summary dismissal must be given without delay – so without delay – and the employee must immediately be told the reason for this severe punishment. On August 16, 2022, the woman was summoned by the director to pack her things and go home. She was accused of having an ‘attitude’ and not following instructions.

Toxic atmosphere

The verdict of the judge shows that there are some old sores with the director of the school. He accuses the teacher, who teaches Physical Education and Health Education, of adopting the behavior of former colleagues, with whom she is friends. Those former colleagues would have created a ‘toxic atmosphere’. According to him, when the teacher refused to put music to her presentation, he saw the same behavior as the former employees and could no longer continue with her, he reasons.

The teacher sees what happened very differently. She indicates that she was looking forward to the training and orientation day, that she was in a good mood and that she had fun with her colleagues. She also says that she wanted to put music under her presentation. The director cannot prove that this is not the case. In addition, until that day, the school was very satisfied with the teacher, who had been working at the school since January 2022. In June she received a double salary as appreciation, and her contract was extended for a year at the beginning of August.

The judge also makes short work of the dismissal. The teacher does not want her job back, but she does demand severance pay. She gets that too. In total about € 17,000 gross. The school is also responsible for all legal costs.

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