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Rotterdam Court Rules Dismissal of Photo Museum Director Wrongful

Rotterdam District Court building
Rotterdam District Court building
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The Rotterdam District Court ruled on Monday that the dismissal of Birgit Donker as director of the Nederlands Fotomuseum was wrongful.

The court found that the supervisory board acted with severe culpability.

The museum must pay Donker 400,000 euros gross, equivalent to two years' salary. It must also publish a rectification across various media outlets.

According to the court, the supervisory board failed to provide a valid reason for her termination.

It also unfairly blocked her email access after her suspension, preventing a proper defense.

The museum described the ruling as disappointing but said it would accept the decision in the best interest of the institution's future.

Donker had served as director since 2018 before being suspended in June of last year and dismissed a month later.

The allegations involved creating a socially unsafe work environment and a culture of fear.

The court found no evidence that she caused these conditions or withheld information from the board. It noted that the museum professionalized and improved financially under her leadership.

The court acknowledged that some employees resisted her swift measures, including high workload and the forced departure of two long-term staff members.

However, her actions yielded strong organizational results.

"In the draft version of the article, the director was accused of narcissism, toxic management, and a reign of terror," the court stated, referencing a critical article published by de Volkskrant shortly before her dismissal.

The court noted that the board had consistently lauded her work prior to the media reports and failed to address her performance earlier.

"The Supervisory Board has always been full of praise during that process and has not previously addressed the director about her performance," the court wrote.

The ruling emphasized that the drastic measures implemented by Donker ultimately restored the institution's standing.

"The museum has been put back on the map nationally and internationally," the court stated.

The judge concluded that the board should have pursued alternative measures rather than immediate termination. The newspaper article likely influenced the hasty decision.

The court found that the supervisory board "proceeded too hastily with the suspension of Donker" in its final assessment.

Following the verdict, Donker expressed significant relief. "Everything I was accused of has now been swept off the table," she said.

She emphasized that the public rectification was immensely vital for her professional future.

"I love art and culture and I am very happy that I can commit myself to that sector again," Donker said.

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