Serious Breach of Duty: Summary Dismissal

In Westland employment law, particularly in greenhouses, glasshouse horticulture and logistics, serious breach of duty is a key ground for summary dismissal. This article highlights the rules from the Dutch Civil Code (BW), tailored to local practices in Westland, and the impact for employers and employees in this region.

What Does Serious Breach of Duty Mean?

According to Article 7:678 of the Dutch Civil Code (BW), serious breach of duty constitutes an urgent reason for immediate termination of the employment contract. It concerns breaches of obligations by the employee which make it unreasonable for the employer to continue the relationship. No notice period, no transition payment.

Article 7:678 BW Explained

Paragraph 1: Summary dismissal in case of urgent reason. Paragraph 2: Facts that justify immediate cessation. For employers: attributable facts of the employee, such as breach of duty. For employees: only facts attributable to the employer.

Criteria for Summary Dismissal

Judges, including District Court of The Hague (district Westland), apply strict scrutiny:

1. Objective Seriousness

Assessed based on the function (e.g. shift leader in greenhouses), hierarchy, years of service, past performance and Westland company culture with high pressure and seasonal peaks.

2. Attributability

Should the employee have known better? Essential in a direct work environment like Westland.

3. Causal Connection

The conduct must cause the breach.

4. Immediacy

Acting 'forthwith' upon knowledge (art. 7:678 paragraph 3 BW), often within 1-3 days, with room for local investigation.

Typical Examples in Westland

Case law from the The Hague region applies to local cases:

Theft

Stealing crops, tools or greenhouse cash: always serious, even small amounts due to breach of trust. HR 12 Feb 1999: €50 theft suffices.

Fraud

False time registration in shift work or expense fraud.

Violence

Aggression against colleagues in confined greenhouse spaces or intimidation.

Conflict of Interest

Competing jobs in neighbouring greenhouse or leaking cultivation secrets.

Recidivism

Multiple warnings for lateness during harvest season.

Insubordination

Refusal of safety instructions in glasshouse horticulture.

Consequences

Employee

Eviction from workplace, no salary after dismissal date. In case of invalid dismissal: possible reinstatement or compensation via District Court of The Hague. Consult Juridisch Loket Westland for free advice.

Employer

Must motivate the dismissal letter. Risk of reversal if judge deems it invalid. In Westland: focus on documentation due to collective labour agreements in horticulture.

Sources: Dutch Civil Code art. 7:678; case law Supreme Court and District Court of The Hague.