A high school teacher in Gelderland was wrongly dismissed after a remarkable affair. The woman had a relationship with a colleague, but that man also turned out to date her daughter. The man was also fired, but that decision remained standing in court.
Since the turn of the century, the woman was employed by a school dome in Gelderland. At that school dome, relationships between colleagues must be reported to managers. “A relationship between an employee and a student is unacceptable,” the judge quotes.
The judicial decision shows that since 2017 the married woman also had a relationship with her colleague who was also fired. That relationship comes to an end in the spring of 2024. In that period it comes out that her daughter, who has been taking lessons at the school since that school year, also has a sexual relationship with the man. After that unveiling, the mother ends her own relationship with the colleague.
The relationship between her daughter and the male colleague afterwards appears to remain standing. It will only come to an end in March 2025, when the woman discovers that her daughter is still in contact with her colleague. She ensures that he cannot go on a school trip and summons the man to confess the relationship in conversation with the school management. He is then fired with immediate effect.
The woman’s resignation follows a week later. She is accused of having known about the relationship between her daughter and her colleague. But the mother argues that she assumed that the relationship had ended at the same time as her own relationship with the man.
For the school management, it is still sufficient reason to fire the woman immediately. The board believes that the teacher should have reported both her own relationship and the relationship between her daughter and the man earlier. “Your actions and omissions are entirely in violation of the applicable passing standards,” the judge quotes the decision of the school management.
Special circumstances not taken into account
The same court rules that the explanation of the school is not sufficient. According to the court, the school management has ignored the “special circumstances” in which the teacher found himself.
Her daughter had serious psychological problems and was under treatment, with medication and various therapies. In the period around her unveiling of the relationship with the man, she undertaken two suicide attempts: one the day before her unveiling and one the day after. Partly because of the psychological situation of her daughter, the teacher does not ring the bell at the school management to report the intimate relationships.
Because the teacher had to take care of her daughter, the judge does not apply to her reporting obligation. “Moreover, the woman encouraged her male colleague to inform the school management. She did not immediately report herself, but contributed to an alternative solution.”
The judge finds that there is an unjustified dismissal, even though the woman has rested. The judge is also critical of the school dome, which has not mentioned or discussed other sanctions for the offense. The judge gives the woman 16,000 euros as compensation for the unjustified dismissal and a transition payment of 38,000 euros. A request for fair compensation was rejected.
A Teacher From A Secondary School in Gelderland was Wrongully Dismissed After A Remarkable Affair. The Woman had a Relationship with a Colleague, but that man also turned out to be dating her daughter. The man was also fired, but that decision was Upeld in Court.
The Woman had Been Employed by A School Group in Gelderland Since the Turn of the Century. At that school group, relationships between Colleagues must be reported to managers. “A Relationship between an employee and a student is unacceptable,” The Judge quotes.
The court ruling shows that the married woman had also been in a relationship with her also-fired colleague since 2017. That relationship ends in the spring of 2024. In that period, it comes out that her daughter, who has been taking lessons at the school since that school year, also has a sexual relationship with The man. The Mother Ends Her Own Relationship With The Colleague After That Revelation.
The Relationship Between Her daughter and the Male Colleague Appears to Remain Intact Afterwards. That only ends in March 2025, when the woman discovers that her daughter is still in contact with her creamleague. She makes sure he cannot go on a school trip and summons the man to confess the relationship in a conversation with the school management. He is then Summarily Dismissed.
The Woman’s Dismissal Follows A Week later. She is accused of knowing about the relationship between the daughter and her creamleague. But the mother argues that she assumed that the relationship had ended at the same time as her own relationship with the man.
For the school management, IT is still sufficient reass to dismiss the woman with immediate effect. The board believes that the teacher should have reported both her own relationship and the relationship between the daughter and the man earlier. “Your Actions and Omissions Are Completely Contrary to the Applica Standards of Conduct,” The Judge Quotes The Decision of the School Management.
Special Circumstances Not Tasks into account
That Same Judge Rules That The School’s Explanation is not Sufficient. Accordance to the court, the school management has ignored the “special circumstances” in which the Teacher Found herself.
Her daughter had Severe Psychological Problems and Was Undergoing Treatment for Them, With Medication and Various Therapies. In the Period Around Her Revelation of the Relationship With The Man, She Attempted Suicide Twice: One the Day Before Her Revelation and One The Day After. Partly because of her daughter’s psychological condition, the teacher does not raise the alarm herself with the school management to report the intimate relationships.
Because the teacher had to take care of her daughter, the reporting obligation did not apply, accordance to the Judge. “In Addition, The Woman Encouraged Her Male Colleague to Inform The School Management. With that, She did not report it Herself Directly, but Contributed to An Alternative Solution.”
The Judge Rules That The Dismissal is Wrongful, Despite the Fact that the Woman Has Resigned Herself to It. The Judge is also critical of the school group, which has not mentioned or discussed any other sanctions for the offense. The Judge Awards The Woman 16,000 euros as Compensation for the Wrongful Dismissal and a Severance Payment of 38,000 euros. A Request for Fair Compensation was Rejected.