Schiphol caterer wrongly dismissed diabetic driver for snacking
A diabetic man who was sacked by a catering company for snacking on company food was unfairly dismissed, a court in Noord Holland has decided.
Schiphol-based caterer Gate Gourmet fired 18 of its 170 drivers on the spot after video footage showed them helping themselves from the food and drinks trolleys destined for the planes.
They included a 63-year-old man who had worked for the company for 27 years and has diabetes. He appealed against his dismissal, arguing that he was not allowed to take food into work but his condition means he needs to eat at regular intervals.
He also said taking food from the trolley was “part of the company culture” and that he did not know it could lead to losing his job.
The company claimed it has a zero-tolerance policy in cases of theft but the judge said that had not been made sufficiently clear.
“A company which has a zero-tolerance policy in place should tell staff clearly and frequently what the contents of that policy are and what the consequences of infringements are. That hasn’t happened here,” the judge said.
He also said that the man’s age and state of health made it unlikely he could find another job. His dismissal meant he did not qualify for unemployment benefits.
Gate Gourmet could have issued a warning instead of firing the man, who had a 27-year unblemished work record, the judge said. The company must now give the man his job back and pay him €10,000 in lost earnings and €1,600 in holiday pay.
It is not clear if Gate Gourmet will appeal the sentence.
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