€19,000 for sick employee fired after getting caught pouring drinks in friend’s bar
A Rotterdam court has awarded almost 19,000 euros in compensation to a Zuid-Holland warehouse worker who was fired on the spot for tapping beers and clearing glasses at a friend’s bar while on sick leave, RTL reported.
The company must also pay about 4,500 euros to cover the man’s legal and court costs. In total, the dismissal will cost Esselink more than 23,000 euros.
The man had worked since 2020 as a warehouse employee at building materials company Esselink in Middelharnis, Zuid-Holland. He went on sick leave in early March 2025, citing lack of energy. Two months later, in May 2025, he started a partial return to work at the company.
In late July 2025, Esselink fired him immediately after learning he had helped out at the cafe during a busy local festival. The company said the work did not match his illness.
They argued he had no energy for his regular job but was still able to serve drinks behind the bar. The news caused strong anger and unrest among his colleagues.
The employee filed a lawsuit. He explained that he had only helped his friend, the cafe owner, during the crowded regional event. He collected glasses and poured beers but received no money for it.
The Rotterdam district court predominantly supported the worker, deeming the immediate termination unjustified. The judge understood that the employer felt “in a certain sense indignant” upon learning that the employee, who had low energy, believed he could work in the cafe. The court also recognized that the situation caused “great indignation” among his colleagues.
However, the judge concluded that these reasons did not warrant the severe punishment of immediate termination. The court said deciding whether the cafe work was too hard for the sick employee should have been a medical decision by the company doctor, not something the employer judged alone. The company should have chosen a lighter penalty, such as a warning or stopping his wages for a time.
Since the man does not want his job back, Esselink must now pay him nearly 5,600 euros as a transition payment, more than 3,100 euros for the notice period wages, and 10,000 euros in damages for the wrongful dismissal. That adds up to almost 19,000 euros.
