Closing the mouth of the student is a valid reason for dismissal
A school group from Alkmaar has rightly fired a teacher who put adhesive tape over their mouths on two students because they chatted too much in class. The teacher appealed, but the Central Board of Appeal also believes that the school does not need to pay additional severance pay.
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The verdict is last Tuesday published. It states that the teacher had been with the school group since 2002. From 2013 and 2014, the school board held discussions with the teacher about his pedagogical skills in general and agreements were made on how the teacher could improve them.
Incidents
Nevertheless, two incidents took place a year later. For example, the teacher closed the mouths of two chatting students in his class. In another incident, the teacher cut the plug of a printing device when two students refused to listen. One student was injured. The school then expressed doubts as to whether the teacher is suitable for education because his pedagogical skills turned out to be limited.
The school expressed doubts as to whether the teacher is suitable for teaching
The teacher then called in sick with burnout symptoms. The school foundation informed him in 2016 that they do not see a suitable place at one of their schools for reintegration because they think he lacks pedagogical skills. The school does offer to have the teacher take an assessment. If this is achieved positively, the school wants to investigate what the teacher can do within the foundation. The teacher agrees to cooperate, but later withdraws because he feels the school is only using the assessment to get rid of him. After the refusal, dismissal follows.
No compensation
The Central Board of Appeal is in favor of the school. The council also believes that the teacher should have taken an assessment before returning. 'In view of the two incidents at two different locations in a short period of time and the various interview reports on the appellant's performance, the Board is of the opinion that reassignment was not possible without an assessment. The school has also stated several times that the functioning was not going well and that there has been no improvement. The council therefore confirms the decision of the Noord-Holland court that the school does not have to pay a fee.
