26 May 2026, Berlin, Germany: To mark its Independence Day, the Embassy of the Republic of Azerbaijan in Germany hosted a festive reception at the Azerbaijani Cultural Centre located in Berlin-Tiergarten.
Around 400 guests attended the event, including high-ranking representatives of the Federal Foreign Office, members of the German Bundestag, ambassadors from numerous nations, and prominent figures from politics, business, academia, culture, and the media.
Following the national anthems of Azerbaijan and Germany, performed by an ensemble from the Berlin Symphony Orchestra, Ambassador Nasimi Aghayev welcomed the guests. In his address, he recalled the founding of the Azerbaijan Democratic Republic on May 28, 1918 — the first parliamentary and secular republic in the Muslim world.
Ambassador Aghayev highlighted Azerbaijan’s development into a strong and internationally respected state, as well as the country’s strategic role as a bridge between Europe and Asia. He also emphasised the dynamic evolution of German-Azerbaijani relations.
Addressing developments in the South Caucasus, the Ambassador spoke of a “new reality” gradually emerging through dialogue and cooperation between Azerbaijan and Armenia. Pointing to trade between the two countries as a sign of growing confidence-building, he underscored the importance of sustainable peace for the region.
Ambassador Christoph Israng, Head of the Europe Department at the Federal Foreign Office, conveyed congratulations on Azerbaijan’s Independence Day on behalf of German Foreign Minister Johann Wadephul. He acknowledged the strong bilateral ties and emphasised Azerbaijan’s importance for stability and cooperation in the South Caucasus.
The evening was accompanied by music from the jazz group “Caucasian Consort.” The reception concluded with a selection of Azerbaijani culinary specialities.
On 7 June 2024, the United Nations General Assembly adopted resolution A/RES/78/286, declaring June 10th as the International Day for Dialogue among Civilizations. The resolution, originally proposed by the People’s Republic of China, was quickly seconded by eighty nations.
On June 10th of this year, the Embassy of the People’s Republic of China in the Netherlands, in partnership with Diplomat Magazine, hosted an event at the Peace Palace to commemorate and highlight this vital initiative for the second time.
At a time when the global order that has brought unprecedented prosperity and well-being to billions is threatened by war, mass migration, and climate change, it is easy to grow cynical about such efforts. Yet, to quote Sir Winston Churchill:
“To talk-talk-talk is always better than to war-war-war.”
International Day for Dialogue among Civilizations, second anniversary. Peace Palace 10 June 2026.
China clearly takes this initiative very seriously. The Honorable Mr. Wang Yi, China’s Minister of Foreign Affairs, recorded a keynote speech for the occasion that was broadcast to Chinese embassies worldwide, anchoring the event at the Peace Palace. He was followed by H.E. Mr. Shen Bo, Ambassador to the Netherlands, and H.E. Mr. Vusi Philemon Madonsela, Ambassador of South Africa.
All three speakers underscored that dialogue is the only viable tool to bridge the immense confidence gap that has widened across the globe. As ambassador Shen mentioned “Civilizations may differ fundamentally, but no single culture holds a monopoly on wisdom. Just as football fans admire the vastly different styles of Messi, Ronaldo, and Mbappé, the global community must learn to appreciate cultural diversity as an asset rather than a threat.”
H.E. Mr. Vusi Philemon Madonsela, Ambassador of South Africa.
To illustrate this fusion of civilizations, the embassy welcomed Dutch singer Cindy van Minnen, award winner of the “Water Cube Cup” Chinese Song Contest who performed “Left Hand Points to the Moon” a beautifully soothing Chinese melody.
Additionally, Mr. Jin Yinfei, Director of the Zhejiang Art Museum, presented a fascinating artwork; an object resembling a classical French marble bust, crafted by a Chinese paper-art master into an amazingly morphable sculpture.
Whether the International Day for Dialogue among Civilizations will have a substantive effect on global tensions remains to be seen. However, every effort to encourage nations to speak to one another—and to truly understand one another rather than fight—is inherently worthwhile. It is a great pity that this event, much like the major Congress of Leaders of World and Traditional Religions in Kazakhstan, receives so little media attention.
The Legacy of José Gustavo Guerrero and the New Era of Salvadoran Diplomacy
At the historic Peace Palace in The Hague, home of the International Court of Justice (ICJ), a distinguished ceremony paid tribute to one of the most remarkable figures in the history of international law. In the presence of H.E. Judge Yuji Iwasawa, President of the International Court of Justice, and H.E. Agustín Vázquez Gómez, Ambassador of the Republic of El Salvador to the Kingdom of the Netherlands, a bust of Dr. José Gustavo Guerrero (1876–1958), the first President of the International Court of Justice, was unveiled in permanent recognition of his extraordinary contribution to international justice.
The bust, donated by the Government of El Salvador, honours a jurist whose influence transcended national borders and whose work helped shape the foundations of modern international law. Yet the ceremony was also a deep focus of contemporary El Salvador and of the diplomatic vision currently being advanced by the country’s Minister of Foreign Affairs, H.E. Alexandra Hill Tinoco.
Minister Hill Tinoco travelled to The Hague to participate personally in the tribute, underlining the importance her government places on preserving and shaping the country’s diplomatic heritage. For El Salvador, José Gustavo Guerrero represents far more than a distinguished historical figure. He symbolizes the ability of a small nation to contribute decisively to the international legal order.
“He elevated the Foreign Ministry to the highest levels of international law in El Salvador. He was the first President of the International Court of Justice and positioned El Salvador within the global legal elite. His legacy lies in being the Foreign Minister with the greatest international impact in the country’s history,” Minister Hill Tinoco remarked during the ceremony.
The tribute also highlighted a broader diplomatic transformation underway in El Salvador. Under the leadership of President Nayib Bukele and Foreign Minister Alexandra Hill Tinoco, the country has embarked on a more assertive international strategy aimed at strengthening its global presence and redefining how El Salvador is perceived abroad.
Bust of Dr Gustavo Guerrero, First President of the International Court of Justice.
For decades, Salvadoran foreign policy was characterized by caution and discretion. While it fulfilled its multilateral responsibilities and maintained constructive international relations, it rarely sought to shape international debates or project a distinctive national narrative. Today, that approach has evolved.
Hill Tinoco has overseen an active diplomatic agenda across the United Nations, the European Union, the United States, the Middle East, and Asia. Her foreign policy priorities have focused on strengthening relations with strategic partners, promoting investment and economic opportunities, engaging the Salvadoran diaspora, and advancing a more visible international profile for the country.
In many respects, the Minister’s diplomatic vision echoes the example established by José Gustavo Guerrero more than half a century ago. Guerrero demonstrated that intellectual leadership, legal excellence, and principled diplomacy could elevate El Salvador onto the world stage. Today’s foreign policy seeks to build upon that legacy by ensuring that the country participates actively in shaping international discussions rather than merely observing them.
This transformation can be observed through several dimensions. First, El Salvador has sought to recover and strengthen its diplomatic voice. The country increasingly presents its own perspectives on issues such as security, governance, and development, responding directly to international debates and criticism with a clearly articulated national position.
Second, Salvadoran diplomacy has embraced strategic diversification. Traditional partnerships remain important, but engagement has expanded significantly across new regions, particularly in Asia and the Middle East, reflecting a pragmatic approach aimed at attracting investment, fostering technological cooperation, and broadening economic opportunities.
Third, the government has recognized the growing importance of international perception. In a world where narratives influence political and economic outcomes, diplomacy increasingly involves communicating national achievements and defending national interests in the global information environment.
Such a visible foreign policy inevitably attracts scrutiny and debate. Yet it also reflects a country that is increasingly determined to define itself on its own terms. As Minister Hill Tinoco has demonstrated throughout her tenure, international relevance requires both engagement and confidence.
Ambassador Agustín Vázquez Gómez and Judge Leonardo Brant.
During the ceremony, Ambassador Agustín Vázquez Gómez emphasized that the initiative to honour Judge Guerrero became possible thanks to the commitment and vision of the Minister of Foreign Affairs.
“Gracias a la visión y determinación de la Canciller Hill, este homenaje al Juez José Gustavo Guerrero ha sido posible. Su decidido impulso personal y su visita al Palacio de la Paz en septiembre de 2024 marcaron el inicio de este acto de memoria y reconocimiento histórico.”
The Ambassador further highlighted Guerrero’s universal legacy, describing him as a statesman who successfully combined scholarship with action, patriotism with multilateralism, and firmness with empathy.
Addressing the audience, Ambassador Vázquez Gómez reaffirmed El Salvador’s commitment to the principles that guided Guerrero throughout his distinguished career.
“We want future generations of judges, lawyers, diplomats and visitors who walk through these halls to see in the face of José Gustavo Guerrero not only the image of a great jurist, but also a reflection of the values for which he fought tirelessly. Today, from El Salvador, we reaffirm our commitment to the Charter of the United Nations and to the defence of international law as a foundation of the global order.”
The ceremony concluded as both a tribute to the past and a statement about the future. The permanent presence of José Gustavo Guerrero’s bust within the Peace Palace serves as a reminder of El Salvador’s enduring contribution to international justice. At the same time, it reflects the aspirations of a nation that, under the leadership of Alexandra Hill Tinoco, seeks to project its voice, strengthen its influence, and play an increasingly active role in international affairs.
In many ways, the connection between Guerrero and Hill Tinoco is symbolic of El Salvador’s diplomatic journey: a country whose historical achievements continue to inspire a modern foreign policy built on visibility, engagement, and strategic ambition. As El Salvador navigates an increasingly complex international landscape, the challenge will be to sustain that voice with consistency, results, and vision. The unveiling at the Peace Palace suggests that the country intends to do precisely that.
One of the enduring flaws in geopolitical analysis is the tendency to assess wars primarily through their military costs. For the United States, however, the decisive costs are often economic and political rather than military. The number of missiles launched or targets destroyed matters less than the consequences that follow.
In a confrontation with Iran, the critical arena extends beyond the Middle East. It lies in global energy markets and, ultimately, in the spending power of American households.
Around a fifth of the world’s seaborne oil trade passes through the Strait of Hormuz. Any disruption to this narrow chokepoint quickly unsettles energy markets. As tensions rise, oil prices follow. Higher crude prices feed into higher fuel costs, including in America.
For most Americans, events in the Gulf are remote. Petrol prices are not. Voters may pay little attention to the tactical outcome of military operations overseas, but they notice the cost of filling their cars. In domestic politics, fuel prices often carry greater weight than battlefield successes abroad.
That creates a dilemma for President Donald Trump. Pressure on Iran was intended to demonstrate American resolve and compel Tehran to accept Washington’s terms. Yet the economic consequences have proved harder to control than the military ones. Iran retains the capacity to impose costs without matching American power directly, while higher energy prices are felt by American consumers.
The result is a familiar asymmetry. The United States can project military force across the region, but it cannot insulate itself from the economic effects of instability. A campaign designed to strengthen deterrence risks generating political pressure at home.
The contradiction becomes more pronounced when China enters the picture. For much of the past decade, Beijing has been treated as America’s principal strategic rival. Trade restrictions, technology controls and calls for economic decoupling have all reflected that view. Yet the Iran crisis highlights the limits of confrontation as a governing framework.
China is the largest buyer of Iranian oil and possesses economic leverage over Tehran that few other countries can match. Any effort to stabilise energy flows, reduce tensions or encourage compromise inevitably involves Beijing. In practice, a crisis centred on Iran increases the value of Chinese cooperation. This points to a broader reality. Military superiority does not automatically translate into political influence. The United States may retain overwhelming military advantages, but it cannot by itself determine the behaviour of every actor that matters. Nor can it guarantee stable energy markets without accommodating the interests of other major powers.
For decades after the Cold War, American strategy rested on the assumption that military primacy would underpin political leadership. That assumption is becoming harder to sustain. The more interconnected the global economy becomes, the less any single power can manage systemic risks alone.
The Iran crisis illustrates this shift. The harder Washington pressures Tehran, the greater the risk of disruption to energy markets. The greater the disruption, the more important China’s role becomes. And the more Washington relies on Beijing’s cooperation, the more difficult it becomes to sustain the notion of an international order managed largely on American terms.
Trump therefore faces a problem more complex than defeating an adversary. He must balance pressure on Iran, manage an often unpredictable Israel, contain economic fallout at home and preserve political support among voters increasingly sensitive to the cost of living.
The available options are all unattractive. De-escalation could ease pressure on energy markets but may be portrayed as a concession. Escalation would deepen economic risks and may ultimately require cooperation from China, a dependence that sits uneasily with Washington’s narrative of strategic competition.
Maintaining the status quo offers little relief. Escalation risks deepening the global energy crisis and increasing political costs at home, while preserving the current situation merely prolongs uncertainty for markets, policymakers and consumers alike.
The broader lesson is that power in the twenty-first century is constrained not only by rivals but also by interdependence. A conflict intended to reaffirm American dominance has instead underscored how much that dominance depends on the cooperation of others.
Trump’s room for manoeuvre is narrowing. The objective of forcing Iran to accept Washington’s terms has collided with geopolitical and economic realities that military power alone cannot resolve. A return to the status quo ante is unlikely. Reconstructing the framework of restraint once provided by the 2015 nuclear agreement is harder still, not least because Washington itself dismantled it. What remains is not a clear route to victory, but a search for an exit that limits the costs of a conflict whose strategic benefits are increasingly uncertain.
About the author:
Alek Karci Kurniawan is a Master’s Student at the Faculty of Economics, Khon Kaen University, Thailand; Indonesian Delegate to the International Youth Forum at the United Nations.
By H.E. Mr. Vladimir Tarabrin, Ambassador of the Russian Federation to the Kingdom of the Netherlands
For Russia, June 12 is a special date – the National Day of Russia. This day symbolizes the continuity of modern Russian statehood throughout history. For millions of our citizens, this Day serves as a reminder of the importance of national unity.
As President of Russia Vladimir Putin stated: «Over the course of more than a thousand years, our statehood has passed through different eras, including brutal invasions by enemies, fragmentation, and the tragedies of internal strife. Yet each such difficult period ultimately ended in the rebirth of the Fatherland. Heroic generations of our people overcame hardships and adversity, endured every trial, created and enhanced the greatness of our Motherland, and brought glory to their names».
Today, Russia seeks to strengthen its position on the global stage. Despite unprecedented external pressure and sanctions, our economy demonstrates resilience and the ability to adapt effectively to new conditions. Sound macroeconomic policies and the development of domestic production help ensure economic stability and the implementation of long-term national objectives.
Particular attention is being devoted to strengthening technological and industrial sovereignty. Russia maintains leading positions in a number of strategic sectors, including energy, nuclear industry, space technologies, agriculture, and the defense-industrial complex.
The nuclear industry serves as a prime example. Russia is the first country in the world to actively develop fourth-generation nuclear technologies aimed at closing the nuclear fuel cycle. Furthermore, it is the only country in the world with a fleet of nuclear-powered icebreakers that utilize nuclear technology to maintain a permanent national presence in the Arctic. This allows for year-round navigation on the Northern Sea Route, one of the most promising trade routes of the 21st century.
The Russian Federation remains one of the world’s largest suppliers of food products and energy resources, making a significant contribution to global food and energy security. Amid instability in international markets, our country continues to fulfill its obligations to partners and advocates equitable economic cooperation free from the politicization of trade and sanctions.
An integral part of Russia’s national identity remains its immense cultural and scientific heritage. Russian scientists, writers, composers, and artists have long been a part of the world’s cultural legacy.
Throughout its history, Russia has evolved as a country of dialogue among cultures, where the diversity of traditions and identities serves as a source of development and internal resilience. It is precisely this historical experience that enables our country to consistently advocate for the establishment of a fair multipolar system of international relations based on equal and indivisible security, respect for the cultural and civilizational identity of nations, and the right of every state to independently determine their own paths of development.
As stated in the Concept of the Foreign Policy of the Russian Federation approved by President Vladimir Putin, our key priority is “striving for a system of international relations that guarantees reliable security, preservation of its cultural and civilizational identity, and equal opportunities for development for all states, regardless of their geographical location, territorial size, demographic profile, resource base, military potential, or political, economic and social systems”.
Russia is actively developing relations with the countries of Asia, Africa, the Middle East, and Latin America, while strengthening cooperation within BRICS, the SCO, and other multilateral frameworks. Expanding ties with Global South countries reflects objective trends in the modern world and contributes to a more stable and balanced international system.
At the same time, Russia consistently advocates for maintaining open dialogue and seeking diplomatic solutions to international problems. Russian diplomacy has traditionally been guided by the principle of considering the interests of all parties and preventing escalation of conflicts.
Preserving the memory of the Victory over Nazi Germany during the Second World War is of particular importance for Russian society. It was achieved through the unparalleled courage and self-sacrifice of millions of Soviet citizens. This memory must never be forgotten!
12 June symbolizes the continuity of our nation’s history, which has endured and overcome many challenges throughout the centuries. Modern Russia looks confidently toward the future, relying on its own resources, historical experience, and the potential of its people. Strengthening sovereignty, ensuring security, improving citizens’ quality of life and developing international cooperation on the basis of equality remain key objectives of our country.
Wednesday, 3 June 2026, The Saarland, Germany: Federal President Dr. Frank-Walter Steinmeier visited the Saarland accompanied by foreign ambassadors serving in Germany and high-ranking representatives of international organizations. In the Saarland, he was welcomed by the federal state’s premier, Anke Rehlinger.
Ambassadors Marika Linntam (Estonia), Veronika Wand-Danielsson (Sweden) and President Dr. Steinmeier – Picture by Embassy of Sweden in Germany.
Here in Saarland, people know that it is possible to cheer wholeheartedly for the state, root for Germany, and—at the same time—be a passionate European. Foreign ambassadors serving in Germany were able to see this for themselves during their visit to the state alongside Federal President Steinmeier.
Dr. Frank Walter Steinmeier and Ambassador Nasimi Aghayev (Azerbaijan) – Picture by Embassy of Azerbaijan in Germany.
In an address at the Völklingen Ironworks, the Federal President noted that Saarland benefits from the European Single Market and cross-border cooperation, while focusing on innovation and the transformation of its economy. Such trips represent more than just a day spent together; they embody active exchange, mutual curiosity, and the ultimate realization that openness makes us all stronger than isolation.
Ambassadors Yadir Salazar Mejía (Colombia), Louise Nzanga Ramazani (Democratic Republic of Congo), Maria Isabel de Resende Encoge (Angola). Staatskanzlei des Saarlandes, Jennifer Weyland.
First, they visited the electrical engineering company Hager in Blieskastel. Next, they went to research institutions on the Saarland University campus in Saarbrücken. Afterwards, the Federal President invited the diplomats to lunch at the Völklingen Ironworks. In the afternoon, the tour continued to Mettlach, where it visited the porcelain manufacturer Villeroy & Boch.
18-19 May 2026, Stuttgart, Baden-Württemberg, Germany: U.S. Chargé d’affaires a.i. Alan D. Meltzer embarked on a trip of the federal state of Baden-Württemberg. The Chargé d’affaires was welcomed by the state’s premier Cem Özdemir in the framework of his visit to Stuttgart. The bilateral meeting was meant to enhance the already strong ties between the United States and Baden-Württemberg and Germany at large.
The United States remains Germany’s most important export partner, while also serving as a key ally in science, research, and innovation. Against this backdrop, recent discussions addressed the impact of U.S. tariffs, which are placing a growing strain on companies on both sides of the Atlantic.
Baden-Württemberg’s long-standing partnership with California continues to play a central role in transatlantic cooperation. Built on shared ambitions in climate protection and a strong emphasis on innovation, research, and development, the partnership is set to expand further through new joint initiatives. The state also holds a prominent position within the network of German-American institutes: four of the twelve nationwide are located in Baden-Württemberg, underlining its importance in fostering transatlantic exchange.
Picture by Staatsministerium Baden-Württemberg.
Security policy was another key topic of the talks, particularly in light of potential U.S. troop reductions in Germany. The role of U.S. military presence in Baden-Württemberg remains significant. At the same time, there is broad agreement that Europe must strengthen its own contribution to collective defense.
A credible NATO deterrence toward Russia, combined with a more robust European security role, is seen as essential. Baden-Württemberg contributes to this effort through its military infrastructure and its strong defense industry.
Transatlantic relations with the United States remain of vital importance to Baden-Württemberg. The state is committed to maintaining and deepening this partnership, ensuring continued mutual benefit on both sides of the Atlantic.
Thursday, 4 June 2026, Principality of Andorra: Minister (ret.) Maria Ubach Font was awarded the insignia of Knight of the Legion of Honour today at a ceremony held at the French Embassy in Andorra, in the presence of the Head of Government, Xavier Espot, several members of the executive, and numerous personalities from the diplomatic world.
With this distinction, presented by the French Ambassador to Andorra, Nicolas Eybalin, the French Republic recognises the long and outstanding diplomatic career of Maria Ubach, as well as her contribution to strengthening the relations of friendship and cooperation between Andorra and France.
Picture by Govern d’Andorra.
Maria Ubach is currently a diplomatic advisor in the Cabinet of the Head of Government. Previously, she served as Minister of Foreign Affairs from 2017 to 2023. Her diplomatic career began in 1998 at the Ministry of Foreign Affairs of Andorra, where she served as a diplomat until 2006. Subsequently, between 2006 and 2011, she held the position of Director of Multilateral Affairs and Cooperation, and between 2011 and July 2017, she served as Ambassador, posted to the French Republic and subsequently to the European Union and the Benelux countries.
The Legion of Honour is the highest distinction awarded by the French Republic. It was created by Napoleon Bonaparte on 19 May 1802 to recognise eminent merits made in the service of the nation, both in a civil and military capacity.
The awarding of the insignia of Knight of the Legion of Honour to Maria Ubach highlights a first-class institutional career, marked by commitment to public service, diplomacy and the international projection of the Principality of Andorra.
Organized by Diplomat Magazine and hosted at the cozy Leonardo Royal Hotel The Hague, these gatherings are a wonderful opportunity to build friendships among the diplomatic corps, international institutions, and the host country the Netherlands.
On May 30, 2026, our fun tournament welcomed dozens of participants from various countries, reminding us all how sport can bring people together and foster cultural exchange. Chess, a delightful game that exercises the mind and sharpens decision-making skills, offers a friendly space for players to explore ideas, learn from their experiences, and make lasting connections. In a heartwarming move, the UN General Assembly celebrated chess by adopting Resolution 74/22 on December 12, 2019, thanks to Armenia’s initiative, and designated July 20 as International Chess Day.
Hong Li of the OPCW, in arms Uliks Doli from Kosovo, Felipe Ferreira Marques of Brazil and Henry Pierre Sarr of Senegal.
This year, we were thrilled to see players of all ages participating, including the remarkable seven-year-old Master Uliks Doli from Kosovo! Competitors came from far and wide, including Angola, Belarus, Brazil, Canada, Germany, Montenegro, the OPCW, Senegal, the USA, and the Netherlands.
After a series of exciting matches showcasing impressive tactical skills and strategic thinking, Felipe Ferreira Marques of Brazil emerged as the champion of the 5th Diplomat Chess Tournament in The Hague. Henry Pierre Sarr of Senegal secured second place, while Hong Li of the OPCW claimed third position.
Mr. Aliaksandr Makrahin, Counsellor from the Embassy of Belarus and H.E. Mr. Milisav Raspopovic, Ambassador of Montenegro. Diplomat Magazine’s V Chess Tournament edition 2026.
Diplomat Magazine also took the opportunity to bid farewell to two outstanding players and longtime participants, Felipe Ferreira Marques and Henry Pierre Sarr, who will be leaving The Hague later this year at the conclusion of their diplomatic assignments in the Netherlands.
“Over the years, both diplomats have achieved notable results in previous editions of the tournament and have become familiar faces within the chess community.
The winner Felipe Ferreira Marques of Brazil .
Their friendship, which began shortly after they arrived in The Hague, grew through their shared passion for chess. Four years ago, they met during a Diplomat Magazine Chess Tournament and quickly became close friends. Since then, they have met regularly at diplomatic events and for friendly chess matches.
Their story perfectly illustrates one of the core objectives of Diplomat Magazine’s events: creating meaningful connections among diplomats and encouraging friendships that continue beyond official duties, bringing people together across cultures and nationalities.” Said Dr Mayelinne De Lara, Diplomat Magazine’s Publisher.
Diplomat Magazine’s V Chess Tournament edition 2026.
The atmosphere during the tournament was filled with joy and relaxation, offering everyone a delightful break from the hustle and bustle of daily life.
Dr. De Lara, proudly presented the trophies to the well-deserved winners, celebrating not just their achievements, but also the spirit of friendship and cooperation that we all cherish.
Some diplomats participating in the Diplomat Magazine’s V Chess Tournament edition 2026.
What shall we do with the drunken employee? Sack him? That isn’t always allowed. Alcohol abuse may be the result of an addiction and in that case the prohibition on termination during illness may apply. What do employers have to take into account when dismissing an employee due to alcohol consumption?
By Jan Dop
In the event of an incident at work involving alcohol consumption, employers have several options. First, they can choose to request the subdistrict court to terminate the employment contract, for instance, on the basis of imputable acts of the employee, a disturbed employment relationship, inadequate performance or the remaining ground. Second, the employer can dismiss the employee with immediate effect. In that case there must be an urgent cause for dismissal. When is that the case? How does the court assess this and what facts and circumstances will be weighed against each other?
Dismissal with immediate effect
In dismissal cases involving alcohol consumption of an employee, the following circumstances are relevant for the assessment of whether or not there is an urgent cause:
Does the employer have a clear and consistent alcohol policy (or, more broadly, an alcohol, drugs and medication policy, or ADM policy) that is known to employees? Does the corporate culture permit drinking, or does the employer have a zero-tolerance policy? Another factor is whether employees are asked or encouraged to report alcohol addiction, and whether appropriate provisions have been made for this. These could include appointing an internal confidential advisor and/or offering (preventive) consultation hours with the company doctor at work.
Does the employee have an exemplary role? (The drunken district manager of a bank who rode on his bike naked could not stay in service any longer, just like the purser who set the wrong example for the stewardesses during her flight.)
What kind of work does the employee perform? (The bus conductor who drank shortly before starting work was rightly dismissed.)
Were there any warnings given before?
Prohibition of termination in the event of alcoholism
Another question that has to be raised is whether it concerns an incident at work involving alcohol consumption or alcoholism. Alcoholism is considered to be an illness, and in the case of illness a prohibition of termination applies. Only if an employee has been ill for two consecutive years this prohibition of termination does not apply any more.
The prohibition on termination during illness does not apply if the request for termination is unrelated to the illness or if the employment contract must be terminated in the interests of the employee. In practice, it is difficult to prove that there is no connection between the request for termination and the illness. Furthermore, it is difficult to determine alcohol consumption, as the employer is not permitted to conduct alcohol or drug tests without justification. In case of repeated relapsing, which occurs a lot, the employer may be confronted with an employee who is ill for more than two years but not consecutively and, as a consequence, cannot be dismissed.
How does the court rule? Imputable acts of the drunken employee
An alcoholic cleaner failed to fulfil his reintegration obligations, whereupon the employer claimed that this constituted culpable conduct. The employer therefore requested the subdistrict court to terminate the employment contract. The court rejected this request. Failure to comply with reintegration obligations is consistent with the clinical picture of addiction. The employee had therefore not acted culpably.
Disturbed employment relationship
The Employee Insurance Agency requested the subdistrict court to terminate the employment contract of one of its medical advisers addicted to alcohol as it considered the working relationship to be impaired. The subdistrict court dismissed this request as the request was related to his illness and would therefore be subject to prohibition of termination. Though the medical adviser had been ill for more than three years, he had not been unfit for work for two consecutive years so that the prohibition of termination was still effective. Another important factor was that the medical adviser cooperated in the treatment.
In another case, things did not turn out so well for the employee. A street lawyer (an expert in the field of addiction) was no longer addicted at the time of the request to terminate the employment contract. According to the judge, the employer could no longer be expected to have confidence in the employee, given the specific nature of his job and the vulnerability of the target group (homeless people). The court therefore granted the request.
Inadequate performance
The employer of a lawyer with an alcohol addiction was dissatisfied with his performance. The court rejected the employer’s request for termination, referring to the prohibition on termination during illness. The employer was unable to substantiate that the employee had been performing poorly even before his alcohol addiction. Since the poor performance cannot be separated from the addiction, the court rejected the request on the grounds of poor performance.
Other circumstances
In the above-mentioned case involving a lawyer with an alcohol addiction, the employer also invoked other circumstances that would justify termination of the employment contract, the so-called safety net provision or h-ground. The employee could relapse and, because he had not been honest about his alcohol problem, trust had been damaged. The court rejected this request because it only related to the employee’s illness. Therefore, a prohibition on termination applied.
In another case, an employee was less fortunate: he had lost his licence to work as a security guard after driving under the influence. This meant that his employment contract had become meaningless. According to the court, the employer’s request to terminate the employment contract was unrelated to the addiction. The prohibition on termination during illness therefore did not prevent termination.
Dismissal with immediate effect
A cleaner with a longstanding alcohol problem was not that lucky because her alcoholism led to incidents at work. Therefore, her dismissal with immediate effect was regarded as fair. Even after a warning she had turned up intoxicated at work. In addition, she had failed to follow adequate treatment for her addiction in time for which her employer had given her sufficient opportunity. However, the court ruled that she had not committed an imputable act and therefore she was entitled to transition compensation. An employee who is rightly dismissed with immediate effect may be entitled to transition compensation after all.
In another case, a municipal official was under the influence several times during working hours. After he appeared clearly drunk in an online meeting with citizens, the municipality ultimately dismissed him with immediate effect. The employer claimed to have been unaware of the alcohol addiction. The court took a different view. Precisely because the employee had repeatedly been under the influence during working hours, the municipality, as a good employer, should have seen reason to call in the company doctor (again). That examination could have clarified whether there was an underlying addiction. Because the employer had skipped that step, the court reversed the dismissal.
Contact an employment lawyer
Would you like to know more about dismissal because of alcohol consumption and what you, as an employer, must take care of? Or do you have any other questions concerning employment law? Please contact the Embassy Desk of Russell Advocaten. We are dedicated to helping you! jan.dop@russell.nl +31 20 301 5555
