Sexually inappropriate behaviour in the workplace is very much in the public and legal spotlight. Employers are under pressure: they must take complaints seriously, protect victims, and at the same time deal carefully with the rights of the accused. A recent ruling by the Rotterdam District Court underlines how sensitive and complex this dynamic is.
What was this case about?
In the case before the Rotterdam District Court, an employee accused a colleague of sexual harassment, discrimination and bullying. The employer acted — seemingly correctly — by engaging an independent investigation firm, Bezemer & Schubad. That firm conducted a thorough investigation into the report. The outcome? There turned out to be no evidence for the complaints. In fact, the investigation report was highly critical of the complainant and declared all parts of the complaint unfounded.
Although both employees were no longer employed by the employer at that point, the accused employee decided not to let the matter rest. He initiated civil proceedings against his former colleague. He specifically claimed the following:
- An injunction prohibiting the former colleague from making — in any way whatsoever — unlawful or negative statements about him. This explicitly included accusations of sexually inappropriate behaviour and discriminatory statements. A penalty of €1,000 per day was claimed for each violation of that injunction.
- Damages: €5,460 in material damages and €5,000 in non-material (immaterial) damages, plus statutory interest from the date of judgment.
- An order to pay the actual legal costs, assessed at €11,049.51, including post-judgment costs and interest.
The defendant contested this.
The court’s ruling: reprehensible conduct
The court is clear: accusing a colleague of sexually inappropriate behaviour without grounds is reprehensible, especially in a societal context in which such accusations are taken very seriously and are sensitive.
In my view, the court is here also referring to the reputational damage, psychological burden and social exclusion suffered by the accused — matters that can also leave deep marks on those falsely accused.
The court rules that the complainant acted unlawfully and imposes an injunction on the complainant prohibiting him from repeating the accusations. A penalty of €1,000 applies for each violation of that injunction, up to a maximum of €25,000. In addition, the complainant must pay total damages of €10,460, of which €5,000 is for non-material damages.
Legal analysis
This ruling confirms a clear legal line: a false accusation of serious inappropriate behaviour can be qualified as an unlawful act (tort).
In my view, it is essential in that context that the accusation is factually incorrect or unproven. The (serious) consequences for the accused resulting from the accusation(s) will certainly also be considered in that context.
The court also factors in the broader societal interest in its considerations: unfounded accusations undermine trust in genuine reports. It emphasises that no one is free to file a complaint without any factual basis, as was the case here.
Non-material damages: Not tangible, but recognised
The award of €5,000 in non-material damages is significant in this case. The accused stated at the hearing that he suffered an emotional breakdown and that the matter hung over him for a long time. Rumours spread quickly within the organisation, his contract was not renewed, and it nearly cost him his relationship. In doing so, the court recognises that psychological harm, loss of reputation and social exclusion are serious heads of damage — even if they cannot be directly expressed in monetary terms. For accused parties, this represents an important acknowledgment: they too are protected by the law.
The employer’s role: balancing duty of care and neutrality
Employers find themselves in a complicated position as soon as a complaint is filed. They must take the reporting party seriously and conduct a careful investigation, without immediately assuming the guilt of the accused. An independent investigation (such as by Bezemer & Schubad in this case) can be crucial. Yet vigilance is also required afterwards: even if a complaint turns out to be unfounded, there is often (long-lasting) damage for the accused, both professionally and personally.
A new need: guidance for wrongly accused employees
From this ruling, one could conclude that the accused, too, needs support — certainly when they are wrongly or unfoundedly accused. This brings a relatively new development into view: the deployment of a guidance counsellor for accused parties. This role is “upcoming”, partly thanks to platforms such as Van Oss & Partners, which have recently also started focusing on supporting those wrongly accused of inappropriate behaviour.
Just as a confidential counsellor offers a safe place for complainants, there should also be structural support for accused parties, both psychologically, legally and practically. The Financieele Dagblad recently wrote about this, pointing to the importance of legal assistance and reputation management for accused parties.
Conclusion: justice for all parties involved
The ruling of the Rotterdam District Court is important. It marks a boundary: not only does the complainant have rights, but the accused also has a right to protection. Especially when accusations are made without evidence and damage results from this.
For employers this means: be careful, engage independent experts, and protect all employees — including the accused.
For policymakers, HR professionals and confidential counsellors, there is a task ahead: consider developing appropriate support structures for accused parties. Good, timely guidance can prevent legal escalation. By investigating at an early stage whether the reporting party and the accused can resolve matters informally — for example through mediation — a solution can be sought that does justice to both parties.
Are you dealing with (unfounded) accusations of inappropriate behaviour in the workplace, or is your organisation struggling to handle a complaint carefully? Then contact the corporate lawyers at The Legal Company via info@thelegalcompany.nl or call 020 345 0152. We offer legal guidance for both employers and accused parties.
