In the Netherlands, employers are liable for harm suffered by
employees during their work. This can include psychological damage
due to sexual harassment. According to the Amsterdam Court of
Appeal, this type of damage applies unless the employer can prove
that it has fulfilled its duty of care.
'De Kampanje' is a cultural centre and theatre in Den
Helder, the Netherlands. The employee at issue commenced her
employment there as a hospitality assistant in 2013. She was 15
years old at the time. Between October 2015 and April 2016, the
employee felt sexually harassed by the sous-chef during
work.
'Come to papa'
For instance, the sous-chef would wrap his arm around her, hug
her and hold her tightly. She would then tell him to let her go, to
no avail. The sous-chef would also regularly kiss or hug the
employee, and say he wanted to dance with her, pressing his body
against hers. He also made comments such as 'come to papa'
and 'you don't happen to have a
