Drop your colleague’s pants? Immediately dismissed

The man has been working as a production employee at VDL Nedcar since February 2018. On September 7, 2022, during working hours and during the production process, the man stood behind a colleague and pulled down his shorts, leaving his bare buttocks on the work floor, in front of colleagues.

‘Bad joke’

A day later, during a conversation with his manager, he apologized and said it was a bad joke and there was no reason for his action.

This was a reason for VDL Nedcar to dismiss him with immediate effect, which the man disputed in court. His defense: the woman wouldn’t have cared, and the workplace would have its own culture with its own norms and values.

Atmosphere at work

To maintain the atmosphere in the workplace, cruder jokes are often made between colleagues and managers, explained the one who also claimed that bosses often participate. For example, an employee reportedly pulled down a male colleague’s pants and a manager grabbed him in the crotch.

According to the judge, there is no evidence of this “own standard”, but even if there was, it still did not matter in this case. The man who has now been fired also said he never reported these incidents to the company. “The conclusion – the management does not intervene and therefore it is allowed – does not make sense if the managers do not know anything,” the judge said.

Company training

The judge also pointed to company policies that state bullying and sexual harassment are prohibited. In addition, the man had undergone company training which also covered good manners. In addition, panels in the production hall with texts and images recall the desired norms and customs.

There is also no evidence that the woman would enjoy the action as the man states. According to the company, she had just cried and was ashamed. The fact that the woman is no longer working there is no reason not to dismiss the employee with a free hand.

The man, who earned 3,000 euros gross per month, can whistle the compensation claimed of a total of 88,000 euros and must pay the costs of the trial.