Why a legal dismissal case often creates more problems

A court ruling that rejects a request for dismissal rarely means the unrest in your management team is over. The true cost of such a procedure only becomes visible when your organization remains paralyzed for months due to an ongoing conflict. As an entrepreneur, you might think a judge will provide a quick solution, but in practice, the core of the problem often remains untouched.

What did the court decide about this conflict?

In a recent case (ECLI:NL:RBLIM:2026:10491), the court had to rule on a deadlocked professional relationship between a director and a member of the management team. The employer wanted to part ways with the employee after a difficult process regarding a necessary culture shift within the company.

What the court decided

The court rejected the dismissal request and ruled that insufficient serious attempts had been made to improve the collaboration between both parties. The employer had set up the legal process entirely to demonstrate that the file was incomplete and based on contractual grounds, but the court found that the interpersonal dynamics and the psychological reality of the team had been completely ignored.

Why can going to court block your business operations?

When you as a director stand in direct opposition to an MT member, the unrest spreads like an oil slick throughout your entire company. Your employees feel the tension immediately, which leads to absenteeism and a work atmosphere where no one dares to speak up anymore. A judge only checks legal rules and does not solve personal relationships. The process hardens positions, making the distance between you and your MT member even greater. Honest reflection on one's own behavior is rare during a legal phase, while exactly that reflection is needed to break the deadlock in your organization.

When is mediation the only strategic choice?

Mediation offers you the room to address the actual cause of the conflict behind the formal legal documents. Many entrepreneurs choose an all-or-nothing approach in court out of helplessness or distrust. They decide in advance that a conversation is impossible. Yet, that is often the only way to keep working professionally as a management team for the future of your company. It gives you the chance to retain control over your desired leadership style instead of having it judged by a court.

Pros and cons

Pros:

• Direct focus on restoring professional cooperation for your organizational goals
• Addressing the underlying issues and emotional blocks instead of just legal accusations.
• Retaining control over your own leadership vision and corporate culture.

Cons:

• It requires that both parties believe in the possibility of a dialogue.
• The approach can fail if there is deep-rooted distrust that can no longer be removed.

When a process hits a dead end, do not immediately ask yourself what legal steps to take, but investigate which process can truly restore the collaboration for your organization.

Additional information regarding the benefits of mediation in professional disputes can be found in our other articles.