An Amsterdam court has ruled that automotive service company KwikFit was justified in immediately dismissing a senior branch manager for time-registration fraud.
However, the court ordered the company to pay the former employee a transition severance package of €52,020.
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According to court documents, KwikFit launched an internal audit after employees reported that the manager consistently arrived late and left early.
The audit revealed that the manager was absent for 41 hours during regular operating times over a three-week period.
Although the manager claimed he fulfilled his required hours outside of normal opening times, surveillance footage proved otherwise.
The court found that the manager was present for only 14.5 hours outside opening hours and had intentionally manipulated the digital time-tracking system.
The employee, who had worked for the company since 1996 and served twenty years as a senior manager earning €5,369 gross monthly, filed a counter-claim demanding €230,000 for back wages and additional damages.
The judge rejected his claims for back pay, affirming the termination was fully lawful.
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However, the judge granted the €52,020 transition allowance because the manager maintained a spotless 30-year employment record and supports three young children.
Labor law experts noted the decision relies on a narrow legal exception where judges apply mercy based on severe personal or financial circumstances.
Stefan Sagel, lawyer at De Brauw Blackstone Westbroek and professor of labor law, commented on the case.
He explained that premeditated misconduct generally solidifies a valid dismissal on the spot, compared to accidental beginner mistakes.
Sagel emphasized that judges deeply dislike actions carrying the scent of fraud, particularly when a worker logs presence while being completely absent.
Sagel pointed out that while severe misconduct usually cancels severance entirely, Dutch law contains a tiny opening known among scholars as "het luizengaatje" to provide a financial lifeline in exceptionally pitiful cases.
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The final ruling solidifies that KwikFit is cleared of back-wage liabilities, while the court-mandated transition payout remains fully enforced due to the worker's family situation.
