What constitutes grossly negligent conduct or omission?

Grossly culpable conduct or omission refers to an employee’s behavior or actions that are so serious that they constitute grounds for termination of the employment contract. The degree of culpability must be such that the employer can no longer reasonably be expected to continue the employment contract. This may involve, for example, conduct that (also) constitutes urgent cause for immediate dismissal, such as assault, threats, theft, and fraud. On the other hand, termination on the “e” ground may also occur in some cases when the employee (systematically) fails to fulfill their reintegration obligations “without valid cause.” If termination is sought before the subdistrict court and the court rules that there was culpable conduct but not seriously culpable conduct, the employee may still be entitled to a transition payment. If the judge rules that there was serious culpable conduct, the employee will not receive a transition allowance.