Workplace Misconduct in Haarlem — What Employers Must Do

Misconduct reports in Haarlem — your duty of care as an employer

Haarlem is characterised by a compact economy in which employers and employees operate in close proximity. In the hospitality sector around the Grote Markt, at care institutions in Schalkwijk, among SMEs along the Waarderpolder, and at creative agencies in the Spaarne quarter — teams often work in tight collaboration. That closeness makes organisations vulnerable when misconduct occurs. Intimidation, bullying, discrimination, or sexually inappropriate behaviour can escalate quickly in a close-knit work environment, with far-reaching consequences.

Under the Dutch Working Conditions Act (Arbowet, Article 3) and the Civil Code (Article 7:658), employers have a statutory duty of care to protect employees against psychosocial work-related stress. In practice, this means you are obliged to maintain a policy aimed at preventing and limiting unwanted conduct. When a complaint is filed, you are required to respond adequately. Failure to act can result in liability for the damage suffered by the victim, rising absenteeism, and — in the worst case — a claim before the sub-district court in North Holland.

Why handling it internally carries structural risk

The first reaction to a misconduct report is often to resolve it in-house. That is understandable, but it introduces fundamental risks:

• Collegial bonds hinder objective fact-finding
• Witnesses do not feel free to speak openly when the investigator is someone they know
• The accused party can more easily challenge the outcome due to perceived lack of independence
• The victim may experience the internal procedure as biased and subsequently file an external complaint
• Confidentiality is harder to guarantee in a close-knit team

An external fact-finding investigation breaks through this dynamic. The investigator’s independent position increases all parties’ confidence in the process and delivers findings that hold up in court.

How SAJ Recherche investigates workplace misconduct

SAJ Recherche conducts misconduct investigations following a protocol that respects the interests of all parties: the complainant, the accused, and the organisation. The process typically follows these steps:

• Intake with the client to define the research question clearly
• Confidential interviews with the complainant, the accused, and relevant witnesses
• Analysis of relevant communications such as email, chat messages, and internal documents
• Assessment of findings against the organisation’s internal code of conduct and applicable legislation
• Preparation of a factual report with conclusions and, where requested, recommendations

SAJ Recherche operates within the framework of the Wpbr and holds a POB licence. Personal data processing complies with the GDPR (AVG). All parties are informed in advance of their rights within the investigation. The final report is suitable as the basis for employment law measures, a complaints procedure, or a report to the Labour Inspectorate (Inspectie SZW).

Practical example from Haarlem

At a mid-sized care institution in Haarlem-Zuid, multiple employees independently filed complaints about a supervisor’s conduct. The complaints ranged from systematically belittling staff during team meetings to unwanted physical contact. The internal confidential adviser recommended that management commission an external investigation. SAJ Recherche interviewed twelve individuals, analysed internal communications, and compiled a factual report. The findings confirmed a pattern of misconduct. The institution used the report as the basis for terminating the employment relationship through the sub-district court.

Do not wait until the situation becomes untenable

Workplace misconduct does not resolve itself. Delay increases the harm to the victim, reinforces a sense of unsafety within the team, and weakens your legal position as an employer. Early, careful investigation protects both your employees and your organisation.

Are you dealing with misconduct reports in your workplace? Get in touch with SAJ Recherche for a confidential consultation.