Dismissal

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Summary dismissal

Summary dismissal is the most far-reaching means that the employer has to put an end to the employment relationship. This remedy has considerable consequences for the employee. For example, employees may no longer claim a WW (unemployment) benefit. Under what circumstances is summary dismissal justified? Basic premise Summary dismissal is justified if the employee has committed or omitted an act that constitutes urgent cause. This includes serious misconduct at work, such as theft, fraud or refusal to work. The question of whether a summary dismissal is justified may depend on the particular and individual circumstances of the employee. This is reflected in the judgment of the Court of Appeal of The Hague of 30 January 2018, [...]

By |2021-02-17T11:22:22+00:00Tuesday 22 September 2020|Categories: Employees, Employers|Tags: , |

Challenging the summary dismissal

Summary dismissal 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 [...]

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