A woman who refueled at the company’s expense while sick was wrongly fired

A woman who refueled at the company's expense while sick was wrongly fired

The woman worked as a saleswoman in a kitchen company for just over a year and a half. In the summer of last year she came home sick. However, from the end of August to the beginning of December, she still used the company’s fuel card six times. She refueled each time for 50-60 euros.

fired instantly

The employer didn’t notice it until the notebook clerk pointed it out. It happened on December 7, 2022. A day later, the woman was fired without warning. Her letter of resignation reads: “A tank card was provided for her to refuel for commuting. Now that she has stopped working and is therefore no longer commuting, she is not allowed to use the card.”

The woman did not agree and went to court. She demanded that the dismissal be overturned and her wages continue to be paid. According to her, she was also allowed to use the fuel card privately and was never told that this was not allowed.

There are no agreements about

The judge agrees with her, because in fact nowhere in the employment contract does it state that she is not allowed to use the travel permit for private trips. Nor was she told that she was not allowed to use her pass while she was sick.

However, it was agreed that she could use the card to refuel a maximum of once a week for a maximum of 60 euros. Under that agreement, the company owns According to the Alkmaar District Court Some “special uses” are also allowed.

The judge ruled that immediate dismissal was not warranted. The fact that women take trips for medical treatment while sick also works in their favour. You did it so you could get back to work.

wages in the back

Because the immediate dismissal has been reversed, the woman is still entitled to a refund of her wages since the dismissal. This amounts to more than 12,000 euros in total, plus another 20 percent increase. This amount can still be increased, because the company must continue to pay them until they are properly fired.

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