Employee crashes three cars, still demands severance pay

This is evident from a recently published ruling by the Rotterdam District Court. The case concerns a 37-year-old man who had worked as a service coordinator at technical maintenance company Breijer Techniek since 2022. Breijer is a subsidiary of the cleaning company Facilicom.

Cars in the wreckage

In early February, just after 1 a.m., after Friday afternoon drinks and a company party, the man drove his company car into two parked cars. When he tried to drive away, he rammed a third parked car. He also knocked over a lamppost. The damage the man caused was so extensive that it was reported in local media .

After the collisions, the man left the car and the scene of the accident, and didn't report to the police until more than ten hours later. After the employer investigated the incident, the employee was summarily dismissed later that month.

Joint or cigarette

According to the employer, video footage from the company car's camera revealed that the man had smoked a joint with a friend in the parking garage just before driving away. He also reportedly consumed alcohol during Friday afternoon drinks and a later company party.

The man denied being under the influence. When his earlier claim that he'd only consumed soda was refuted by video footage, he said he'd only had one beer and held a friend's glass of wine. Before driving away in the company car, he allegedly didn't smoke a joint, but "a long, hand-rolled cigarette wrapped in rice paper."

Blackout

According to the employee, he blacked out during the accident and could barely remember anything about the incident. He did remember that the company car had become uncontrollable when it hit the third vehicle, and that he could no longer brake or steer.

After the crashes, the man claimed to have panicked and left the car and the scene of the accident. Because he was wrongfully dismissed, he demanded a series of severance packages.

Unbelievable

After reviewing the camera footage, the Rotterdam subdistrict court judge gave little credence to the man's statements. "It is inconceivable, given the video footage, which shows the employee's reckless and irresponsible driving, that a sober person would have driven in this manner," the judge stated in the ruling .

The footage showed that the employee caused the first collision within a minute of leaving the parking garage. He then tried to drive away, sending sparks flying from beneath the car. He then drove head-on into the third car and the lamppost.

"Any sane driver would have stopped if such a sea of sparks had occurred. This certainly raises questions about the employee's claim that he was not under the influence. But even for an employee who is not under the influence, this behavior with a company car is unacceptable," the subdistrict court judge noted.

Paying for damages

The judge also held the man accountable for leaving the scene of the accident after the collision. Therefore, his summary dismissal is upheld. This means he will not receive any severance pay and is not eligible for unemployment benefits.

The judge also ruled that the employee must pay for the significant damages he caused. The damage to the company car and two of the three parked cars amounts to approximately €40,000. The damage to the third car and the lamppost still needs to be assessed.