On 22 October 2025, the Rotterdam District Court delivered a verdict in a case that may have significant implications for many companies. The key question was whether an employer can dismiss an employee, who also serves as a statutory director, on the basis of suspicion of a criminal offence.
The relevant facts of the case
The individual concerned was both a statutory director and an employee of the company. In 2021, he received a letter referring to possible prohibited commission arrangements. Two years later, the Fiscal Information and Investigation Service (FIOD) carried out a raid, and a criminal investigation was launched into forgery, private-sector bribery and money laundering. The director had approved invoices that included prohibited commission arrangements. Although he had previously received warnings from colleagues, he did not conduct further inquiries.
In January 2024, the company decided that, despite the suspicions, the director could remain in his position because his knowledge and expertise were considered indispensable. The company then entered into discussions with the Public Prosecution Service (OM) to reach an out-of-court settlement. However, the OM indicated that it regarded the director as one of the instigators of the prohibited commission arrangements, making such a settlement “difficult”. On 25 November 2024, the company dismissed the director and terminated his employment contract. The employer argued that there was a disrupted working...
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