Bij brief van 23 december 2021 heeft Hyatt [verweerder] op staande voet ontslagen. In dat schrijven, waarin met “
you” wordt bedoeld [verweerder], staat onder meer het volgende:
“
(…).
Today, on December 23, 2021 you were suspended pending investigation relating to your unprofessional behavior and job performance.
More specifically the decision tot suspend you was triggered by a complaint made by your supervisor Ms. [leidinggevende]. On December 20, 2021 you – while Ms. [leidinggevende] instructed you on the correct way to fill in the weekly hours manually due to the outrage of Kronos as instructed by [naam college 1], you called her a ‘puta’ (whore) in a low voice.
In addition to the above yesterday December 22, 2021 you physically touched Mw. [leidinggevende] chin/face while in the cooler, to demand immediate attention from her.
When confronted with the fact that you became physical with Ms. [leidinggevende] today during and interview with the department of Human Resources, you admitted to touching Ms. [leidinggevende] face in order for her to respond you. You were informed that you were suspended pending investigation and was asked to leave the premises right away, which you did.
This is not the first time you have shown disrespect for your superiors and colleagues and failed to follow proper procedure. As recent a March 2020, you were suspended for harassing and menacing of [collega 2]. This was a very serious offense and should have served you as a clear message that your behavior needed to change.
Nonetheless, in November this year management’s attention was once again drawn towards your attitude which was perceived as menacing. You told your colleagues and supervisor you smoked hashish but had not been caught yet and shared stories with them on how tough you are and were, especially with your former supervisor [naam supervisor] and [college 3], who’s car tires you had slashed after a disagreement. It was reported that you are not following instructions and are not following instructions and are incorrigible. Furthermore, it was reported you made sexual remarks and gestures with regards to HRM and your own Department Head personnel.
These facts, jointly and severally, constitute urgent reason to terminate the employment agreement effective immediately (dismissal for urgent reasons/ontslag op staande voet) (…).”.