Legal advice: undesirable behavior between colleagues
The legal department regularly has cases about inappropriate behavior between colleagues. These are often difficult to find a good solution, not least because employers do not always handle such matters in the right way.
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Employers often do not apply protocols for bullying behavior, for example. They do not protect the victim of undesirable behavior, but choose a different path. This can also lead to a problem arising between victim and employer because the victim does not get the protection he deserves. Unfortunately, this happens with some regularity.
Sexist
The national complaints committee for education has dealt with a case about undesirable behavior between colleagues in primary education. It concerned teacher Anneke who was approached undesirably by a male colleague, a janitor. He touches her regularly and even takes her by the collar once when she does something he disagrees with. In addition, he often makes sexist comments.
Anneke finds this unpleasant, feels unsafe at school and avoids contact with her colleague as much as possible. She finds it difficult to discuss this. After a collision, there is a joint discussion led by the management. Anneke's colleague wants to apologize. At that moment, she can no longer keep the previous incidents to herself. Clearly, apologies don't solve the case. The director takes Anneke seriously and suspends her colleague.
Anneke turns to the national complaints committee, which in principle does not handle complaints older than one year. However, some of her complaints are older and therefore cannot be included in the assessment.
Grounded
During the oral hearing of the case, where the legal service of the AOb Anneke assists, her colleague does not seem to recognize all complaints just like that. Critical, targeted questions nevertheless provide the committee with sufficient facts and the complaint is declared well-founded.
In the ruling, the complaints committee indicates that the employer has the responsibility to ensure that employees treat each other in a respectful manner. Rules about desirable manners can help. The judgment also makes it clear that an employer will have to do something with signals that an employee is behaving across borders. Suspending the perpetrator and urging the victim to file a complaint with the complaints committee is insufficient. The employer should have actively tried to find a solution himself. Unfortunately, we still notice too often in practice at the legal service that not all educational employers are willing to do this on their own initiative.
