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ARTICLE · 31 OCTOBER 2022

A Negative Attitude At Work: Grounds For Termination?

Can an employee's poor attitude and communication style be a reason to terminate their employment? A court in the Netherlands has ruled it can.

NetherlandsEmployment and HR

Can an employee's poor attitude and communication style be a reason to terminate their employment? A court in the Netherlands has ruled it can.

Culpable behaviour by employees is clear if there is evidence of theft, fraud or (sexual) harassment, for example. Professional underperformance also constitutes grounds for dismissal if there is sufficient documentation. But what if the employee substantively performs well, but his or her attitude is predominantly negative, or the employee is invisible or unreachable?

What about employees who do not adopt a constructive attitude, who have a coercive and defensive way of communicating, who regularly challenge employer authority, or criticise managers and colleagues? In our experience, putting your finger on the problem in these cases is no easy matter.

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