A dismissal case at potato company Potatonext leads to compensation of €80.000 following errors in investigation and procedure. The conflict puts pressure on internal decision-making and handling. Read more about the Potatonext dismissal case.
The case revolves around an employment dispute within PotatoNext, which was formed in 2023 from a merger of three consumption potato companies: Nedato, Agrico, and Leo de Kock. The director involved had been employed for many years and was part of the new management team. Following internal tensions and complaints about the corporate culture, the employer commissioned an external investigation report, after which the employment was terminated.
Research flawed
According to the court, the investigation was 'careless and not transparent'. Although the investigation was officially focused on the corporate culture, it effectively took on a person-oriented character without sufficient substantiation. Concrete facts were lacking, and it was not verifiable how conclusions were reached.
The court also establishes that the employer made serious accusations without sufficient evidence. For instance, there were suggestions of inappropriate behavior and personal relationships, but these could not be proven.
No hearing or response
An important point is that the director was not given the opportunity to respond to the allegations. According to the Court, the principle of hearing both sides was violated, and the employee was not involved in the investigation or the conclusions.
In addition, PotatoNext took drastic measures, such as appointing an interim director and communicating internally that the director would not return, without informing her in advance. According to the court, this 'irreparably damaged' her position.
Dismissal stands, but compensation follows
Although the dismissal itself – based on a disrupted employment relationship – remains in effect, the Court concludes that this disruption was largely caused by the employer. Therefore, the employee is entitled to additional compensation in addition to the transition payment.
The Court sets the equitable compensation at €80.000. In doing so, it takes into account that the employee had a long career, held a managerial position, and that her career suffered damage.
Also bonus and salary adjustment
In addition to the compensation, PotatoNext must pay a bonus of €9.700 and use a higher salary when calculating the transition payment. The end date of employment has been set at June 1, 2025.