Urgent Cause Assessment in Employment Law around Westland
Urgent cause assessment is a legal procedure whereby an employee or employer can have it assessed whether a summary dismissal was lawful. This occurs when there is doubt about the presence of an urgent cause that justifies the dismissal. For residents of Westland, this is crucial to prevent unjustified dismissals and safeguard rights.
In this article, we explain what urgent cause assessment entails, when it is relevant in the Westland region, and what steps you can take. We add local examples, such as cases at the District Court of The Hague, and practical tips for legal assistance via Juridisch Loket Westland.
What does urgent cause assessment concern?
Urgent cause assessment concerns a lawfulness test by the cantonal judge or arbitrator in employment disputes. It is used after a summary dismissal if the validity thereof is contested. Such a dismissal is only permitted in the case of an urgent cause, such as gross negligence, theft or prolonged refusal to work.
According to the law, an employer may only dismiss summarily if there was no reasonable time to resolve the problem. Attempts at dialogue or mediation are normally required, except in acute serious situations.
Statutory basis
The core of urgent cause assessment lies in:
- Article 7:678 DCC: Summary dismissal requires an urgent cause.
- Article 7:679 DCC: Defines urgent causes, such as moral misconduct or incompetence.
- Case law of the District Court of The Hague (district Westland): Local rulings determine what counts as urgent in practice, taking into account regional circumstances.
When does an urgent cause exist?
An urgent cause concerns an acute, serious issue where postponement is impossible. Typical cases in Westland are:
- Gross fraud or deception: For example, manipulation of time registration in greenhouse horticulture.
- Theft of company property: Theft of materials or products from greenhouses.
- Structural refusal to work: Repeatedly failing to appear without excuse.
- Aggression or threats: Violence against colleagues in a warehouse or on the work floor.
- Conflict of interest: Side activities that compete with the Westland employer.
The employer must prove this with documents, camera footage or witness statements, especially in local cantonal court cases.
Rights and obligations in assessment
Employee rights
After summary dismissal, you can have the validity assessed:
- Procedure at the cantonal division of the District Court of The Hague: File within 4 weeks (district Westland).
- Help via Juridisch Loket Westland: Free advice and referral for mediation.
- Claim compensation: In case of unlawful dismissal, continued payment of wages and compensation for damages.
Act quickly; deadlines are strict, but local offices help efficiently.
Employer obligations
Employers must:
- Provide factual evidence for the urgent cause.
- Not have ignored alternatives (except in necessity).
- Inform in writing about reasons and right to respond.
Non-compliance often leads to annulment of the dismissal by the District Court of The Hague.
Practical examples from Westland
Example 1: A greenhouse horticulturist in 's-Gravenzande dismissed an employee summarily for theft of crops. The cantonal judge (District Court of The Hague) approved this after camera footage, but emphasized the necessity of immediate action.
Example 2: In repeated refusal to work at a Westland logistics company, the judge ruled no urgent cause was present, because discussions were possible. The employee received wages until the end date via Juridisch Loket Westland.
Tip for Westland: Contact Juridisch Loket Westland immediately for free intake and trade union support. For procedures: District Court of The Hague, district Westland.