The dismissal was based on statements made by three other (former) employees, who had heard the man complain about his job at B2 Works. There he earned very little, he grumbled regularly.
He also regularly spoke about a friend who worked at another recruitment agency. Just like B2 Works, that company from Den Bosch has scoured Ukrainian refugees for potential workers for clients.
during working hours
The man speaks Ukrainian himself and, according to his colleagues, was recruiting staff for his friend’s company during working hours. He would make 50 cents an hour for it, on top of his salary.
That’s not true, the man told the courtroom. He denies all allegations, such as the one that he made a phone call in the office to someone he could tip people to. This was not a B2 Works customer, the colleague said in a statement.
Man Defends It’s A Very Common Answer In The Temporary Worker Industry. And even if he did say so, it’s not proof that he actually did.
The judge believed him. The judge considered that the written statements of the man’s (former) colleagues were not sufficient convincing evidence. The company did not want witnesses to be taken to court, where they could testify under oath.
The court takes this very seriously, as it is the company’s responsibility to prove that the dismissal was justified. The judge also takes into account that the company fired the man without giving him the opportunity to tell his side of the story.
while he was ill
The fact that a guy was home sick while playing is not a good excuse not to talk to him. On the contrary, the judge said.. “Especially in this case, the employer should have been more careful.”
The company was ordered to pay severance pay of €20,000. In addition, the man is entitled to more than 3,000 euros in transitional compensation and vacation pay. The company must also pay legal costs, which amount to about 1,500 euros. The company could not be reached for comment.
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