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When you leave employment, it is customary to return your work clothing. However, a former employee of a flower auction had a different idea. When asked to return his clothing, he decided to return only the sleeves of his work jacket. The employer did not agree, and the case ended up in court. In this article, you’ll read the judge’s ruling on this unusual case.
Case about USB sticks and an extra laptop
When the man’s contract ended on August 29, 2022, his employer, Coöperatie Royal Flora Holland (RFH), asked him to return all items that belonged to the company. The former employee agreed, but only partially fulfilled this agreement. The laptop, company pass, and work jacket were not returned.
During a hearing on May 8, 2023, the subdistrict court judge again reminded the former employee that he had to return these items to the Aalsmeer flower auction. Interestingly, the man himself initiated the case because RFH demanded the return of USB sticks and a second laptop, which he claimed not to possess. The judge ruled that it could not be proven that he had these items. However, the court did demand that the remaining items be returned within two weeks. If not, a fine of €250 per day would be imposed, with a maximum of €2,500.
The former employee then sent two packages, claiming to have complied with the demands. Due to an incomplete address on the packaging, the packages arrived on May 23 and June 5, and the auction imposed a fine of €2,500. However, one of the packages contained only the detachable sleeves of the work jacket, not the full jacket as requested.
Court case about employee who only returned jacket sleeves
RFH then took the matter to court again, demanding that the former employee be barred from filing any more lawsuits against the auction. The man had already initiated other cases against the company. The auction believed he was abusing the legal process. They also wanted him to pay the costs of the lawyer and bailiff (€17,987.94) because he had failed to meet the terms of the agreement. The man, in turn, found this an exaggerated reaction. According to him, the legal fees were excessive, and he had not acted unlawfully.
In July 2023, the two parties once again faced each other in court. The judge ruled that the packages had been sent on time and that the delay was not the former employee’s fault. However, sending only the sleeves was considered a breach of the agreement.
The man made another attempt to argue his case, claiming that the jacket might have been removed from the package after sending. But the package weighed 0.86 kilograms at the time of shipping. The judge pointed out that a package containing the full jacket would have weighed more. Additionally, the clothing would not have fit in a box measuring 23 by 14 by 31.5 centimeters.
Judge’s ruling
The judge ruled that the man, who now has five cases pending against his former employer, would not be barred from initiating lawsuits. However, he was fined €1,000 for failing to comply with the agreement. Based on a reasonableness test, the man was ordered to pay Royal Flora Holland €595 in (salary) costs.
A comical case
I fully understand the judge’s ruling. Legally, you can’t just prohibit someone from starting a legal process. But in my opinion, this case borders on an abuse of legal rights. Sending only the sleeves and then claiming that the jacket was removed from the box is, of course, unacceptable, especially after a judge explicitly told him to return the garment. In a way, I find it quite funny, like something a small child would do. Because he’s angry with his former employer, he decides to return only part of the item. I couldn’t help but laugh out loud when I read it. I can understand, however, that he filed a lawsuit because his employer was demanding items that he claimed not to have.
But Royal Flora Holland doesn’t come out looking good either. They are demanding nearly €18,000, while the reasonable costs appear to be no more than €600. That means the company is asking for about 96% more than is customary. It almost seems as if they made a calculation error or are trying to get back at the man. Given that they requested a ban on lawsuits, I assume the latter. If they dislike court visits so much, they could have let the last case go. Of course, it’s not okay to return only the sleeves, but apart from the torso of the jacket, they got everything they wanted. And yet, they still insist on sending a fine and asserting their rights through the Dutch legal system.
What do you all think of this case?
Best regards,
Aileen