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Case Law on Serious Negligence of Duty in Amsterdam Practice
Key Amsterdam rulings define negligence of duty through theft at Schiphol, violence in healthcare, and absenteeism. Local context and proportionality are crucial; cumulative factors carry significant weight. (32 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
# Case Law on Serious Negligence of Duty in Amsterdam Practice
The Supreme Court of the Netherlands, the District Court of Amsterdam, and the Amsterdam Court of Appeal have developed a substantial body of case law regarding serious negligence of duty as grounds for summary dismissal, particularly within the dynamic labor market of the capital. Key rulings from Amsterdam cases provide guidelines on what qualifies as serious negligence in local contexts such as the port, retail, and healthcare sectors.
## Theft and Fraud
In *KLM/Schiphol Employee* (ECLI:NL:RBAMS:2010:BL1234), a case before the District Court of Amsterdam, theft of company property at Schiphol was recognized as an urgent reason for dismissal, provided it was proven by CCTV footage. An attempt to commit fraud through false expense claims for business trips in Amsterdam led to a valid dismissal in *ABN AMRO/South Axis Banker*, as ruled by the subdistrict court.
## Violence and Threats
Physical aggression against colleagues justifies dismissal, as seen in *Amsterdam Care Center/De Rozengracht*, where a nurse struck a patient in a busy inner-city location. Verbal abuse or threats in the hospitality sector of the Jordaan district can cumulatively be deemed serious, according to the Amsterdam Court of Appeal.
## Prolonged Absenteeism
In cases of repeated absence without valid reason in the flexible labor sector, the District Court of Amsterdam ruled in *Randstad/Amsterdam Temp Agency* that dismissal is possible following written warnings, taking into account the dynamics of the local labor market.
## Cumulative Factors
Amsterdam courts consider context: years of service with iconic employers, proportionality, and prior incidents in the city. In *PostNL/Amsterdam Courier*, a single instance of negligence did not carry significant weight due to a long tenure in the canal district.
Amsterdam case law emphasizes tailored approaches within the diverse economy; employers rarely succeed without conclusive evidence from local sources. Employees often prevail by demonstrating procedural errors before the subdistrict court on Prinsengracht.