Arbeidsmediation
Waarom een onvolledig getekende beëindiging je bedrijf een vermogen kost
Voorkom hoge schadeclaims bij vertrek van medewerkers. Ontdek waarom mondelinge afspraken falen en hoe mediation juridische valkuilen bespaart.
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A fight between two employees forces you to intervene immediately, where the choice between summary dismissal and a careful investigation dictates the future of your entire branch. The emotional impact of such an incident on the rest of the team is often completely overlooked in the legal process. You are faced with a fait accompli, and the pressure to show decisive action is enormous.
Should you immediately choose summary dismissal after physical violence?
The temptation to show someone the door immediately after aggression is great. You want to send a clear signal: we do not tolerate violence. However, in practice, a hasty decision often works against you, especially if there is a history you as an entrepreneur might not have fully captured. A dismissal that does not hold up legally brings you back to square one.
What the court decided
In a ruling by the district court (ECLI:NL:RBAMS:2026:10347), the judge found that an employee had been summarily dismissed after a physical incident involving a laptop. The employee argued that he had been bullied and suffered from a serious illness that explained a black-out. The court established that violence is unacceptable, but deemed summary dismissal in this case too severe. The employer had failed to take into account the 21-year impeccable service record and the medical circumstances. Moreover, the involved colleague only received a warning, even though he had also used violence. The dismissal was overturned, and the employer had to continue paying wages.
Why a legal victory at the workplace often feels like a loss
If you, as an entrepreneur, aim for a legal battle, you are steering toward a winner and a loser. Even if you win, the atmosphere in your team is often permanently damaged. A verdict tells you who is legally right, but it does not resolve the underlying insecurity or the bullying that preceded the incident. The process consumes time, money, and energy you would rather put into your business.
Can mediation help if trust in your staff has completely disappeared?
Mediation is not about being right, but about understanding the deeper causes. Had you intervened with a neutral mediator from the very first moment bullying was reported, the violence might have been avoided. Mediation offers space to make underlying irritations, such as in this case, discussable without everything becoming high-strung. This would have prevented a lot of misery.
How do you prevent an incident from infecting the culture in your entire team?
An unresolved conflict acts as poison for your team. Colleagues often choose sides, undermining productivity and safety in the workplace. By looking at the situation with a mediator, you show leadership as an entrepreneur. You choose a solution aimed at restoring viability instead of legally eliminating a problem.
More about avoiding unnecessary procedures can be read in this blog: why a lawsuit about dismissal often causes more problems.
Pros and cons
Pros:
- Uncovering underlying bullying and irritations.
- Restoring operational cohesion in the remaining team.
- Avoiding reputational damage from public proceedings.
Cons:
- Physical safety may hinder joint sessions.
- Little willingness for dialogue immediately after a violent incident.
At the first sign of dissatisfaction, consider whether a constructive conversation with an external expert is not much more effective than the legal path.
