A good working relationship between employer and employee is essential. However, sometimes the relationship deteriorates so badly that there is a disrupted employment relationship. This can lead to dismissal, but only under strict conditions.

In this article, we explain when an employment relationship is so disrupted that dismissal is possible, how the court assesses this, and what your rights are.

What is a disrupted employment relationship?

There is a disrupted employment relationship when the collaboration between employer and employee seriously and permanently disrupted is, making further cooperation no longer possible.

Examples:

• Ongoing conflicts with managers or colleagues.

• Disagreement about tasks, responsibilities, or performance.

• Escalations due to bullying, intimidation, or discrimination.

👉 A single difference of opinion or temporary conflict is insufficient for dismissal.

When is dismissal due to a disrupted employment relationship possible?

The employer can apply to the subdistrict court for dissolution. The judge considers whether:

1. The employment relationship is genuinely and seriously disrupted on a lasting basis.

2. The employer has sufficiently tried to resolve the conflict (for example, through mediation).

3. Reassignment to another position is possible.

Only if restoration is impossible can the judge terminate the employment contract.

Severance pay for a disrupted employment relationship

In the event of dismissal due to a disrupted employment relationship, you are entitled to the transition payment.
In addition, the judge can award a fair compensation if the employer has acted in a seriously culpable manner, for example by allowing the conflict to escalate.

Settlement agreement in a workplace conflict

Many employers choose to arrange a dismissal via a settlement agreement (VSO). Benefits for the employee:

• You retain the right to unemployment benefits.

• It is possible to negotiate a higher compensation.

• You can agree on exemption from work and a neutral reason for dismissal.

Examples from practice

• Example 1: An employee had ongoing conflicts with his supervisor. No mediation had been offered. The judge rejected the dismissal request.

• Example 2: A conflict escalated and cooperation had become impossible. The judge terminated the contract and awarded a transition payment.

• Example 3: An employer had deliberately created a conflict to get rid of an employee. The judge awarded a fair compensation in addition to the transition payment.

Checklist for dismissal due to a disrupted employment relationship

• 📑 Is the conflict serious and lasting or only temporary?

• 🧑‍⚖️ Has the employer tried mediation or other solutions?

• 📅 Has redeployment been explored?

• 💶 Are you entitled to a transition payment and possibly fair compensation?

• 📝 Always have a VSO checked before you sign.

Common mistakes

• Thinking that every conflict justifies dismissal.

• Agreeing too quickly to dismissal without a legal check.

• Not keeping a record of conversations and events.

• Not making use of the opportunity to negotiate in a settlement agreement (VSO).

Frequently Asked Questions (FAQ)

1. When is an employment relationship ‘disrupted’?
When cooperation is permanently impossible, despite attempts to restore it.

2. Does the employer always have to offer mediation?
Not mandatory, but the court expects that serious efforts have been made to resolve the conflict.

3. Do I receive compensation for dismissal due to a disrupted employment relationship?
Yes, at least the transition payment, and sometimes a fair compensation.

4. Can I refuse to sign a VSO?
Yes, you are never required to accept a VSO.

5. What can a lawyer do for me?
A lawyer can negotiate for higher compensation and defend your rights in court.

Why Arslan Advocaten?

• Specialized in employment disputes and dismissal cases

• Experienced in negotiating VSOs and handling court proceedings

• Regularly achieve higher compensation for clients

• Protect your rights in a dispute with your employer

Conclusion

Dismissal due to a disrupted employment relationship is only permitted if cooperation is truly impossible and restoration is no longer feasible. Often, employees still have strong defenses or room to negotiate a better arrangement. Therefore, always have your situation legally assessed.