Introduction
A summary dismissal has far-reaching consequences for an employee: employment ends immediately, salary payments stop, and the right to benefits usually lapses. The law therefore sets high requirements for the justification of such a dismissal. Not only must there be an urgent reason, the personal circumstances of the employee may also be taken into account. A recent ruling by the Lelystad subdistrict court shows how, in practice, this can lead to annulment of the dismissal.
Personal circumstances in instant dismissal
The legal test for summary dismissal revolves around proportionality. There must be an urgent reason, such as theft, violence or fraud. But in addition, the seriousness of the behavior must be weighed against the employee's personal situation. In practice, this aspect is sometimes underestimated by employers.
If the dismissal has excessive personal consequences, that may factor into the assessment of whether the dismissal will stand. That consideration must always occur, no matter how serious the conduct.
The case: fraud by employee, but dismissal overturned
The case before the Central Netherlands District Court involved a single mother of four who worked at a car dealership. She had her car repaired by her employer. The actual working hours were 4.44 hours, but she invoiced only one hour and therefore paid €134 instead of €380. The employer considered this to be fraud and summarily dismissed her.
On the face of it, this dismissal seemed justified. After all, manipulating an invoice for one's own benefit falls under serious dereliction of duty. Nevertheless, the subdistrict court saw sufficient reason to annul the dismissal, precisely because of the employee's personal circumstances.
The overriding personal implications
What made the difference in this case were the concrete and serious consequences of the dismissal for the employee:
- She had just sold her home and was about to buy a new one.
- The resignation caused the bank to withdraw financing for the new home.
- As a result, the purchase did not go through.
- The woman had to temporarily live in a mobile home with her four children.
Although the judge characterized the employee's behavior as serious, he found the summary dismissal disproportionate in this context. The personal situation was the deciding factor. The dismissal was overturned, meaning that the employment formally remained and the employer had to continue paying wages.
Important lesson for employers
This ruling shows that a valid reason by itself is not always sufficient for a valid summary dismissal. Employers must also consider the employee's individual situation. Factors such as family situation, living conditions, financial risks and length of employment can determine the judicial assessment.
For employers, it is advisable to:
- seek legal advice in advance;
- identify the employee's personal circumstances;
- consider alternatives, such as an official warning or termination by mutual agreement.
Conclusion
A summary dismissal is not only a legal, but also a human matter. The judge looks beyond the facts: the consequences for the employee also play a role. In exceptional cases, such as distressing personal situations, this can lead to annulment of the dismissal. Employers are therefore well advised not only to test whether the behavior is serious enough, but also whether the dismissal is proportionate given the circumstances.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - 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. Please feel free to contact us .
April 2025
