2.16FESCO heeft [persoon A] op 1 juni 2021 op staande voet ontslagen. In de ontslagbrief is
- voor zover van belang - het volgende opgenomen:
(…) “You have been employed by FESCO since 1 July 2013 and lastly worked in the position of Financial
Manager . In your employment contract it is agreed that you may not perform any side activities (paid
or unpaid) unless with the prior written approval of FESCO. Also a secrecy clause is agreed.
It has come to light that you have been actively involved in the establishment and/or management of
a company named [naam vennootschap] (hereafter: ' [naam vennootschap] '), with a website live
( [naam vennootschap] ( [naam website] ), administered by you. [naam vennootschap] appears to have been established
in June 2020 and to perform activities that are - at least partly - in direct competition with the
activities of FESCO. [naam vennootschap] Services which are in direct competition with FESCO include: pre/on carriage;
FCL (Full Container Load), or full container: the client's goods are transported in a filled and sealed
container by sea or railroad. In the registers of the Chamber of Commerce you are registered as
board member. On several occasions you have emailed confidential information from your work
email address at FESCO to [naam vennootschap] . (…)
What we have found, as reflected above, is not acceptable to FESCO. You have violated both the
contractual prohibition not to perform any side activities unless with the prior approval of FESCO as
well as the secrecy clause sharing characteristics regarding the household of FESCO which you were
expected to keep confidential. In addition we mention the fact that your job description explicitly
mentions the necessity of a high level of integrity. You have caused an inconceivable impairment of
the professional relationship with FESCO and crudely neglected the obligations imposed on you by
the employment agreement. In our view, you have made yourself guilty of deceit and other
indictable offences as a result of which you have become unworthy of our trust. (…)
Your actions as described above, together but also apart, constitute an urgent reason for us to
terminate your employment contract as of today, 1 June 2021.
This means that your employment was terminated with immediate effect on and from 1 June 2021
on the basis of an urgent reason, namely that you have crudely neglected the obligations imposed on
you by the employment agreement and/or you have made yourself guilty of deceit or other
indictable offences as a result of which you have become unworthy of FESCO's trust and/or you have,
shared characteristics regarding the household of FESCO which you were expected to keep secret
and/or you have caused an inconceivable impairment of the professional relationship with FESCO. (…)”