3.5Gedurende de maand maart 2018 hebben elf medewerkers van GrandVision in België zich bij hun manager/vertrouwenspersoon over het gedrag van [verzoeker] beklaagd. GrandVision heeft deze klachten in behandeling genomen en deze conform de GrandVision Whistle Blower Procedure van februari 2015 behandeld. De [general council] , General Counsel van GrandVision N.V., heeft een intern onderzoek uitgevoerd en heeft de betrokken klokkenluiders individueel en op een neutrale locatie geïnterviewd. Van deze bevindingen heeft hij op 11 april 2018 een rapportage opgemaakt. De namen van de klagers staan in de rapportage. GrandVision heeft de klachten gekwalificeerd als klachten over agressief en onrechtmatig gedrag, alcoholmisbruik, niet-professionele relatie en vriendjespolitiek, alsmede onrust binnen de organisatie. Zij heeft de volgende citaten uit de rapportage in het inleidend verzoekschrift vermeld:
Aggressief en onrechtmatig gedrag
“Mentioned he never experienced such abuse and irrational behaviour by a CEO before in his career. This is affecting him personally as this behaviour created a culture of fear, bullying and intimidation in the Belgian office with people working behind closed doors out of fear.”
“Verbally aggressive (even furious) but never physically aggressive with one exception on February 23, 2017 where [verzoeker] pushed an employee out of a conference room, followed by termination and employee suing the company.”
“On March 30 [verzoeker] called noting he found out that a non-professional relationship with [real estate manager] is part of the allegations and threatening him that it would be very costly and embarrassing if [z] were to dismiss him.”
“Notes an atmosphere of fear and bullying at the Belgian office (with a lot of shouting behind closed doors) put in place by [real estate manager] who seems to have carte blanche, as condoned by [verzoeker] .”
“On March 21 I and her HR colleague had closed their office door because of the cold and because they had to focus on issuing the salary slips that month. [verzoeker] and [real estate manager] came in and asked why the door was closed. When giving the aforementioned reasons [verzoeker] said to them these were “nonsense reasons”. [verzoeker] got more and more aggressive and both HR ladies felt intimidated, bullied and afraid.”
“ [verzoeker] is increasingly under influence of alcohol while in the office as evidenced by slurred speech, smell, irrational and aggressive behaviour.”
“Notes [verzoeker] is often under influence in the office (as evidenced by slurred speech, smell) and it is getting worse. He is afraid of 1:1’s with him as he does not know whether he will react rationally.”
“During the “Do Dare Care” launch meeting in Belgium on November 9, 2017 [verzoeker] was under influence. [verzoeker] is often under influence in the office, often already in the morning, as demonstrated by smell, red eyes and slurred speech.”
“During the June 2017 Benelux middle management meeting (approximately 60 Benelux participants) he got increasingly drunk and fell of his chair. He was carried to his room. He was sober again the next morning but did not apologize tot the group.”
“He was drunk during the party at the 2016 Lisbon leadership conference. He is frequently under influence in the Belgian office (smell, red eyes, slur, irrational, intimidating and aggressive behaviour, e.g. [verzoeker] came in C’s office late, under influence, stating at one point during the conversation “who is the real marketing manager here”).”
Niet-professionele relatie en vriendjespolitiek
“Suspects unprofessional relationship between [verzoeker] and real estate manager [real estate manager]
( [real estate manager] ) who he hired from previous employer [werkgever] .”
“ [verzoeker] put a strange message on the [z] WhatsApp group: “Degage?? Encore une fois tu pousse pousse pousse. Ca va mal passer tu sais tres bien. Arrete avec ca avant il est trop tard stp.” It is suspected this was personal and destined for [real estate manager] but sent in error.”
“ [real estate manager] was hired without respecting the HR procedures (…). [real estate manager] received a favourable treatment from the start.
October 2016: [real estate manager] hired with recommended salary of 4K (monthly) with [verzoeker] intervening and increasing to 4.8K.
April 2017: [real estate manager] given 10% salary increase, bigger lease car and 15% (iso 10%) bonus and higher net expense reimbursement. A had to adapt the tax ruling to allow for this higher net expense reimbursement.
August 2017: [real estate manager] received exceptional spot bonus of one months salary for succesfully insourcing RE platform. The procedure was not followed for this (i.e. K not informed, not discussed in MT).
December 2017: [real estate manager] was granted another salary increase”
Onrust binnen de organisatie
“Issues are gossiped about in the store network and one regional manager indicated he is afraid of [verzoeker] .”
“Notes the alcohol and relationship issues are gossiped about in stores and by the unions. Notes a breach of trust and integrity for both [verzoeker] and [real estate manager] . Recently took the Code of Conduct e-learning and notes these behaviours violate the Code of Conduct.”
“(…) the alcohol issue and [verzoeker] / [real estate manager] connection and culture of fear are more and more talked about, also at store level.”