Holacracy Community of Practice Archive, 2015-2019 Community Holacracy Web Site

Koen,

I believe your client is 'in trouble', in case it did not yet design specific policies (& processes) around dismissal/firing. The Dutch labor law is quite clear about reasons for firing personnel:

1. Immediate dismissal due to misbehavior of personnel member (like stealing, sexual misconduct, etc)

2. Dismissal based on mutual agreement

3. Dismissal based on business-economic reasons (structural loss of work and/or revenue, and/or a re-organisation)

4. Dismissal based on a disturbed relation between org and personnel member

5. Dismissal based on disfunctioning of personnel member

And a few other minor ones. Based on the above, it is clear that your case relates most to no.5. The prerequisite for firing someone based on disfunctioning, is that you issue clear written warnings and can prove that you coached (and trained) someone in order to try to get him/her to perform better. If this 'dossier' is taken care of (is there a role with this specific accountability?), you can 'pull the trigger' and fire someone. If not, your only option is to fall back on no.4, the disfunctional relationship. However, this has similar pre-requisites in place.  Your last option left is to try and make a deal with the person involved and dismiss on mutual agreement. If that doesn't work, the law court will most likely rule in favor of the employee and regard the dismissal as unlawful (or potentially make it a very expensive dismissal in favor of the employee, but this I am not so sure about).  You are then back to square 1.

So I guess better is to try and find a place where he/she can still be of value.. But that's besides your point I guess.