Member of Parliament Nilüfer Gündogan, who was expelled by Volt in February due to reports of transgressive behaviour, must return to Volt’s fraction. The Amsterdam preliminary relief judge decided that on Wednesday determined† Both the suspension and the termination of her party membership are “unjustified” and must be reversed “immediately”. The party must also pay her a provisional compensation of 5,000 euros.
Gundogan was suspended as a party member on February 13 because the party allegedly received complaints about her from “all layers of the party”. It was not disclosed at the time what the reports were. Gündogan himself was not immediately informed by the party about the nature of the complaints. Volt later announced that the party had received at least thirteen reports of, among other things, “pawing” and “unwanted sexual advances”, after which Gundogan’s party membership was terminated on February 26.
The MP denies that she was guilty of transgressive behavior and argued in court that the party had not heard both sides of the argument. The judge ruled in favor of Gundogan on Wednesday. Volt has been “too expeditious in an erroneous course” throughout the affair. There was “both legal and substantive” reason to suspend her and that decision “should never have been taken”, according to the judge.
‘No hearing both sides’
Volt was allowed to take action in case of suspicions of transgressive behavior, the judge continues, but a suspension of Gündogan “without a proper explanation why, without explaining the nature of the complaints and without any form of hearing both sides of the coin, cannot be accepted.” ”.
There was also “substantive insufficient ground” to permanently expel Gundogan from the group, according to the judge. According to its own group regulations, Volt must give a Member of Parliament at least two warnings when reporting inappropriate behavior, draw up a so-called improvement plan and hear the other side of the story. “All this did not happen in Gundogan’s case,” said the judge. In addition, Volt’s external investigation into the MP had not yet been completed when she was expelled.
The judge also showed understanding for “the young and relatively inexperienced party leadership” of Volt, who in the aftermath of the transgressive behavior in television programs The Voice of Holland “probably in all sincerity” thought he was doing the right thing, but “went too fast.”
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