WILLEMSTAD – The Court of Civil Servants has ruled that the government of Curaçao wrongfully dismissed a civil servant over alleged unauthorized absence, ordering that the employee be reinstated with retroactive effect.
The case involved an employee of the Tax Inspectorate who reported sick in early 2024 due to serious mental health issues, including anxiety, depression, and sleep disorders. According to the employee, his condition prevented him from immediately reporting to the company doctor.
He informed his employer of his situation and later made multiple requests for a personal meeting, but did not receive a response.
The government concluded that the employee had been absent without valid reason and classified the situation as a unilateral termination of employment. Based on that assessment, he was dismissed with retroactive effect.
The court rejected this reasoning, stating that it had not been sufficiently established that the employee deliberately abandoned his position. Given the circumstances of illness, the court found that the government should have conducted further investigation into his medical condition and its impact on his absence.
As a result, the dismissal has been annulled. The employee’s contract is to be restored retroactively, and he is entitled to receive his outstanding salary.
In addition, the government has been ordered to cover the employee’s legal costs.
The ruling underscores the importance of due diligence by employers, particularly in cases involving medical conditions, before taking disciplinary action.