An employer can terminate the employment contract on the basis of an urgent cause. The employment contract will then be terminated immediately. The employer does not have to observe a notice period. This means that the employee immediately loses his job. The summary dismissal is usually given orally and then confirmed in writing. The employer does not need the consent of the UWV or the sub-district court for a summary dismissal. An employee who has been summarily dismissed is not entitled to benefits.
Conditions for summary dismissal
An employer who wants to summarily dismiss an employee must meet a number of conditions.
- There must be an urgent cause for the dismissal;
- The summary dismissal must be issued without delay;
- The urgent cause must be communicated to the employee without delay.
If the employer does not meet all the conditions, the court may annul the dismissal.
Challenging a summary dismissal
An employee can challenge the summary dismissal within two months. Within two months of the dismissal, the employee must submit an application to the court. In the application, the employee asks the judge to quash the dismissal and revive the employment relationship. If the employee does not wish to remain employed by the employer, he can ask the judge for a severance payment.
Severance pay in the case of summary dismissal
The employee may ask the court in the application for a transition payment, fair remuneration and compensation for the irregular dismissal (the so-called fixed compensation).
Case on summary dismissal
An employee was physically violent at work and threatened colleagues. The employer had enough evidence to prove this misconduct by the employee. Nevertheless, on the basis of the employee’s circumstances, the court ruled that the employee’s conduct was not sufficiently serious to be accepted as an urgent cause for dismissal. The judge therefore ordered the payment of a transition allowance to the employee. In addition, the court granted the employee compensation for the irregular dismissal because the employer did not comply with the notice period at the time of dismissal and fair remuneration, because the employer did not apply a less severe penalty.