WILLEMSTAD – The University of Curaçao has been ordered to pay 100,000 guilders in damages to a former lecturer who was wrongfully dismissed with immediate effect, according to a ruling by the Joint Court of Justice.
The lecturer, a senior academic staff member who had been employed by the university since 2010, was terminated in 2021 after relocating to the Netherlands without approved leave. Despite the denied request, he continued delivering classes remotely—a practice that had become widespread during the COVID-19 pandemic.
The university viewed his departure as a serious breach and grounds for immediate dismissal. However, the Court found that the move did not amount to misconduct, since the lecturer maintained his teaching duties online. Judges emphasized that remote teaching was generally accepted at the time and ruled that the dismissal was disproportionate.
The Court further noted that the dismissal occurred amid a prolonged and tense relationship between the lecturer and his supervisor. While no judgment was made on the motivations behind the dismissal, the Court acknowledged that the situation may have contributed to the university’s decision.
In its ruling, the Court criticized the university for failing to take adequate steps to address the conflict or consider milder disciplinary action. As a result, the dismissal with immediate effect was deemed invalid, although the employment contract was still terminated. The university must now pay 100,000 guilders in compensation, as well as cover 1,400 guilders in legal fees and 300 guilders in court costs.
The case underscores the legal risks institutions face when handling workplace disputes without thorough documentation or due process.