Driver is driving on the other side of the Netherlands when he receives a message: ‘Report within 2 hours, otherwise dismissal’ | Domestic
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After calls from several angry customers in Amsterdam, a wholesaler raised the alarm with its delivery person last summer. Because where was he with the promised orders? The driver appeared to still be making deliveries in the east of the Netherlands on his own. After several warnings, the man had to report to the office within two hours, otherwise he could hand in his belongings.
The case involves a labor dispute over a delivery order in mid-July 2023 at Ille Papier-Service, a Dutch wholesaler of toiletries. Their driver, who works from the Zoetermeer branch, is then on a delivery job in the east of the country.
Initially, this would take him two days, but because, according to the man, no hotel accommodation has been arranged by his employer, he has to spread it over four days. When the company receives complaints from customers in Amsterdam about their deliveries, they order the driver to cancel his job in the east as quickly as possible.
“I assume that you will be in Zoetermeer soon and I have explained to you why there are customers waiting for us,” his boss writes in a WhatsApp message. “I asked you twice to come to Zoetermeer and you refuse, of course that is not possible, that is refusal to work.”
This is the last time I ask you to drive back to Zoetermeer. If you are not there within 2 hours, you will unfortunately be dismissed immediately.
The app from the boss to the employee
The man states that he is still busy with deliveries in the east. “I have also made appointments with customers on this route today and tomorrow! They expect me. I’m just doing my job! And once again I don’t refuse anything!!!” The disagreement continues for a few more messages until his boss has had enough: “This is the last time I ask to drive back to Zoetermeer. If you are not there within 2 hours, unfortunately you will be immediately dismissed.” The driver does not listen and continues his journey to the east.
A resignation letter follows the same day. His employer states that the driver ‘has not returned to do his work despite several warnings’. “You did not respond to this and started making your own plans. This means that you have been summarily dismissed as of Thursday, July 20.” The man does not accept this and challenges the dismissal in the subdistrict court.
What does the driver think?
The man told the judge that he was still working on his route in the east of the Netherlands and ‘didn’t want to let those customers suffocate’. Even after receiving notice of his dismissal, he continued to complete his route a day later. According to him, the company failed by not arranging hotel accommodation. He should therefore not be dismissed, but only a written warning or reprimand.
What does the company think?
The company states that customers in Amsterdam ‘make up a large part of the company’s turnover’ and that fast delivery was necessary. At that time, there was no other driver available at the Zoetermeer branch and the employee in question knew that. Nevertheless, the driver chose to ignore the employer’s request and make his own plan.
The judgment of the subdistrict court judge
According to the subdistrict court judge, it is clear: the man is guilty of refusing to work, as can be read in the ruling published on Wednesday. He was summoned both by telephone and via WhatsApp to return to Zoetermeer and drive the route to Amsterdam. He also had a warning of what would happen if he did not respond to the call.
His attitude can be seen as ‘seriously culpable’ and therefore the summary dismissal was justified, the subdistrict court judge ruled. He could not only receive a written warning, because the employer was in an impossible position due to his attitude.
“An employer, especially in the transport sector, in which customers depend on the timely delivery of goods, must be able to trust that employees will carry out given orders,” the subdistrict court judge said. So the man can finally give up his job. The costs of the lawsuit, almost 400 euros, will be borne by him.
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