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Everything you need to know about summary dismissal

In the world of employment law, we sometimes call summary dismissal the "employment death sentence. Why? Because as an employee, you lose your income overnight, you have to pay damages to your employer, and you're also usually not entitled to Unemployment Compensation (WW) benefits. So that is very intense. But what can you do if you are faced with summary dismissal?

Three choices

If you are summarily dismissed, you have 3 choices:

  1. You can challenge the dismissal at the subdistrict court. Here you can either ask for your job back or ask the court to award fair compensation (a type of damages). Always do this within 2 months, otherwise you will be too late.
  2. You can still try to negotiate a so-called settlement agreement, also known as a termination agreement, with your employer so that you can at least apply for unemployment benefits. Some employers are open to this for litigation reasons, for example, even if the summary dismissal is justified.
  3. Of course, you can also leave it at that and find another job. This is called "resigning from the job.

When is a summary dismissal legally valid?

So a summary dismissal is very drastic. Employers may use it only in exceptional circumstances. Three requirements apply:

  1. There must be an urgent reason, or in other words, something must have happened so seriously that your employer cannot be expected to allow the employment contract to continue for just one more day. Well-known examples are theft, fraud and sexual harassment.
  2. Instant dismissal must be immediate. So your employer may not let you continue working if he already knows about the serious reason. Taking too long to investigate without good reason is also not allowed.
  3. You should be told the reason for the instant dismissal immediately, not a few weeks later.

Only if all three requirements are met can a summary dismissal be valid, but even then a judge might just find it too far. For example, if the consequences for the employee personally are too drastic or if there is long service and a one-time misstep.

If you are summarily fired and you disagree, it is wise to hire an arbeidsadvocaat or legal counsel.

This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.

Arbeidsadvocaat.nl is happy to think with you if you have questions about summary dismissal. We are happy to help. Please feel free to contact us.  

October 2024