A good collaboration is essential in the workplace. Sometimes the relationship between employee and colleagues or supervisor is so poor that there is a disturbed working relationship. This can lead to dismissal, but only under strict conditions.
In this article, we discuss how judges look at labor disputes, what solutions are possible, and what your rights are in dismissal due to a disturbed working relationship.
What is a disturbed working relationship?
A disturbed working relationship is present when:
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The collaboration between you and colleagues or supervisor is permanently disturbed.
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The trust is so violated that normal functioning is no longer possible.
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Attempts to restore the relationship have had no result.
👉 A temporary conflict or disagreement is insufficient to justify dismissal.
When can dismissal follow?
An employer can only apply for dismissal due to a disturbed working relationship if:
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The conflict is serious and permanent.
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Serious attempts have been made to restore the relationship (eg mediation).
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Reassignment to another function is not possible.
The employer must demonstrate this to the district court.
Solutions before dismissal
Employers are obliged to try to resolve the conflict, for example via:
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Mediation or coaching.
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Adjustment of tasks or workplace.
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Transfer within the organization.
Only when these measures do not work, dismissal may be on the agenda.
Severance pay in case of disturbed working relationship
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You are entitled to the transition allowance.
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In the case of serious culpable conduct by the employer (for example by escalating the conflict), the judge can also award a fair allowance.
Settlement agreement in case of labor conflict
Many employers opt for a settlement agreement (VSO) to resolve the conflict without a judge.
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You retain entitlement to WW if the VSO is correctly drawn up.
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You can negotiate extras, such as a higher allowance or exemption from work.
Examples from practice
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Example 1: An employee had a fight with his supervisor. Because no mediation was offered, the judge rejected the dismissal.
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Example 2: A conflict between colleagues escalated so badly that collaboration became impossible. The judge terminated the employment contract and awarded the transition allowance.
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Example 3: An employer deliberately provoked a conflict. In addition to the transition allowance, the judge also awarded a fair allowance of € 25,000.
Checklist dismissal in case of labor conflict
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📄 Is the conflict structural and insoluble?
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🧑⚖️ Has the employer tried mediation or other solutions?
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📅 Has reassignment been investigated?
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💶 Check entitlement to transition allowance and possibly fair allowance.
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📝 Always have a VSO legally checked.
Common mistakes
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Thinking that every conflict justifies dismissal.
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Not keeping a file of conversations and events.
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Agreeing too quickly to a VSO without negotiation.
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Not realizing that fair compensation is possible in case of culpable conduct by the employer.
Frequently Asked Questions (FAQ)
1. When is a work relationship ‘disturbed’?
When the collaboration is seriously and permanently impossible.
2. Does the employer have to offer mediation?
Not mandatory, but the judge expects serious restoration attempts.
3. Do I get a compensation in case of dismissal due to labor conflict?
Yes, at least the transition allowance. Sometimes also a fair allowance.
4. Can I sign a VSO in case of a conflict?
Yes, but always have it legally checked.
5. What if I disagree with dismissal due to conflict?
You can defend yourself in the district court.
Why Arslan Advocaten?
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Specialized in labor disputes and dismissal cases
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Experienced in negotiations at VSOs
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Litigating for restoration of employment or fair allowance
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Regularly achieve higher allowances for clients
Conclusion
A disturbed working relationship can be a reason for dismissal, but only if restoration proves impossible. Often there are still solutions or opportunities to negotiate better conditions. Therefore, always have an employment lawyer look at a labor conflict.
