Can a 'roast' performed by an employee during a company party lead to the immediate dismissal of that employee?
No, ruled the District Court Rotterdam. However, there is still a possibility of terminating the employment contract.
Urgent reason for termination
An employer may terminate the employment contract with immediate effect due to an urgent reason (dringende reden). Urgent reasons are considered to be such acts, characteristics or behaviour of the employee that have the consequence that the employer cannot reasonably be expected to continue the employment contract (article 7:677 paragraph 1 Dutch Civil Code).
The 'roast'
In this case, the employee performed a speech during a company party, which the employer's management found to be inappropriate and offensive. Three days later, the employer immediately dismissed the employee due to an urgent reason. According to the employer, the employee had grossly insulted (former) employees and management in his speech, including by ridiculing their religious beliefs and personal circumstances.
The employee countered this by explaining that his speech was meant as a 'roast', in which he wanted to denounce (the lack of) communication comically.
The court decided that even though the audience may consider the comical content of the speech differently, there was no question of gross insult: 'the employee's speech at the company party of 27 January 2023 was not a success, but it was also not so offensive as to justify immediate dismissal'.
Disturbed employment relationship
However, in the court's opinion, there is a reasonable ground for termination, namely a disturbed employment relationship (verstoorde arbeidsverhouding), such that the employee cannot reasonably be expected to continue the employment contract (the so-called g-ground from article 7: 669, paragraph 3 Dutch Civil Code). Furthermore, reinstatement to another suitable position was not an option since the employee antagonised the entire management of the employer (a family business).