Dismissal of kitchen assistant over empty deposit cans unjustified
20 June 2025
A kitchen assistant employed since 2015 was summarily dismissed on 20 December 2024 for taking empty deposit cans from the restaurant outside working hours. The employer additionally accused him of stealing a bottle of cognac, but the employee denied this, stating that he had only taken his own empty cans.
Judge: there is no urgent reason for dismissal
The subdistrict court ruled that there was no urgent reason for immediate dismissal. For the alleged theft of the bottle of cognac, the employer could not provide evidence. As for the cans, it was not clear that they did not belong to the employee himself. Moreover, the value of the cans was only €2.30, making the dismissal disproportionate.
Personal circumstances decisive
In its assessment, the court weighed that the employee had been known to the employer since high school and that the employer was aware of his addiction problems. The employee also lost his home immediately after the dismissal, which added to the impact of the dismissal. According to the court, these are circumstances that make the instant dismissal too far-reaching.
Legal framework: urgent cause and proportionality
According to Article 7:678 of the Civil Code, immediate dismissal requires an urgent reason, such as theft or serious dereliction of duty. However, the seriousness of the conduct must always be weighed against the employee's personal situation. The judge stressed that, especially in cases of small financial interest and severe personal consequences, summary dismissal is not justified.
Consequences for employee and employer
Because the dismissal was unjustified, the employee is entitled to a transfer fee, fair compensation and liquidated damages. Employers are well advised to always carefully consider the employee's personal circumstances in cases of (alleged) theft or dereliction of duty before dismissing.
Conclusion
Taking empty deposit cans worth €2.30 is not a valid reason for instant dismissal, especially when personal circumstances weigh heavily. The court quashed the dismissal and awarded the employee several compensations.