A court has ruled that an employee of the Efteling amusement park must be reinstated to his former position after being demoted for failing to intervene in an incident.
Background of the Case
In November of the previous year, an incident occurred at Efteling amusement park when two former employees unauthorizedly accessed the control panel of the Baron 1898 roller coaster. An employee present, who was engaged in cleaning tasks at the time, failed to intervene, leading to his punishment. He received an official warning, was suspended, and was demoted to a lower position. Dissatisfied with this decision, the employee took legal action.
Court Decision
The Zeeland-West Brabant District Court judged that the park's strict measures regarding adherence to safety guidelines were understandable. However, the permanent demotion of the employee was unjustified, especially since he was not directly involved in the incident and was merely present by chance when the former colleagues accessed the control unit. The judges noted that the punishment was deemed disproportionate and ordered that the employee be reinstated to his original position within fourteen days, provided that he demonstrates his knowledge of the safety regulations.
Efteling's Response
A spokesperson for Efteling responded conciliatory to the verdict, emphasizing that the amusement park had already planned to reinstate the employee to his original function as operator of the Baron 1898 roller coaster by the end of May. Judicial intervention merely expedited this decision. “It’s a situation we can live with,” stated the spokesperson.
Financial Aspects
The court also ruled that the amusement park must cover the employee's legal fees, amounting to €1,175.42.
