2.8Op 6 augustus 2024 zijn [verzoeker] en [betrokkene 1] op staande voet ontslagen door Domesa. In de ontslagbrief van 6 augustus 2024 van Domesa aan [verzoeker] (hierna: de ontslagbrief) staat onder meer het volgende:
“(…) We regret to inform you that after careful consideration and review of your employment, and in light of the most recent incidents on July 29, 2024 and August 5, 2024, management has decided to terminate your employment with Domesa (…) effective immediately, as of today, August 6, 2024.
You were suspended on August 2, 2024, with pay due to providing false information about Mr. [betrokkene 1] whereabouts on July 29, 2024. You and Mr. [betrokkene 1] clearly stated that he was present at work on July 29, 2024. However, I personally checked the punch clock and found that Mr. [betrokkene 1] did not punch in or out that day. On August 2, 2024 you both claimed that we could verify this through the cameras.
I personally went to review the camera footage. Employees Mr. [coordinator operation], Mr. [betrokkene 2], and you arrived at the premises (…) after which all of you left to perform Night deposit services. You returned (…) Mr. [betrokkene 1] was not present during this time.
This situation is extremely serious as it indicates deception towards colleagues, supervisors, and the management of the company. The issue has even escalated to the level of the directors of Banco di Caribe.
In addition, in your suspension letter dated August 2, 2024, you were also requested to return the codes for the safes and cassettes.
On August 5, 2024, you refused to hand over the codes for the safes and cassettes to Domesa (…) despite repeated requests, including one through your union representative. This caused significant operational problems and damage for both Domesa (…) and its clients, including Aruba Bank (…) and Banco di Caribe (…). As a result, the ATMs of these banks could not be refilled, and secure transports were made impossible, severely impacting the operations and reputation of these institutions.
You claimed that the codes were personal and could not be transferred. This argument is untenable and was explained to you, as you were asked to hand over the codes and would then be relieved of any future use of them by third parties. The old codes are necessary for programming new ones. Under no circumstances does Domesa (…) want any suspended employee to have access to its clients, their safes and cassette. This is a very reasonable proposal. You refusal to provide the codes is therefore seen as an attempt to pressure Domesa and deliberately jeopardize and harm its relationship with its clients.
The incident on August 5, 2024, where you deliberately caused damage to our company by not providing the codes, is completely unacceptable and represents the tipping point in a series of professional misconduct and policy violations. Each reason mentioned above, considered together and individually, and especially the latest incidents of July, 29, 2024 and August 5, 2024, constitute an urgent reason for immediate termination.
There is absolutely no trust left in you, and there is no basis whatsoever for a productive relationship anymore. This behavior is the “last straw” (in Dutch: ‘de laatste druppel die de emmer doet overlopen’) that has led to the decision to take further action.
Your consistent inability to adhere to operational procedures, repeated infractions, failure to meet expected standards of behavior, and insubordination towards supervisors have not only caused disruption in our workplace but also irreparably eroded the trust between you and Domesa (…)
(…) Consequently, we are left with no alternative but to terminate your employment effective immediately.
(…).”.