Summary Dismissal by the Employee in Westland

# Summary Dismissal by the Employee in Westland Article 7:678 BW also gives employees in Westland the right to summary dismissal in the event of an urgent cause attributable to the employer. In the horticultural sector of Westland, where seasonal work and wage payments are crucial, this occurs more frequently than elsewhere, especially with growers who delay wages. ## Urgent Causes for Employees in Westland Facts attributable to the employer, such as non-payment of wages (article 7:629 BW), safety risks in greenhouses or intimidating behaviour in the workplace. In a case before the District Court of The Hague (*Greenhouse Worker/Grower Westland*, ECLI:NL:RBDHA:2022:456), sexual harassment by a foreman was recognised as a valid urgent cause, fitting the close-knit Westland work culture. ## Litigation Risks The employee must terminate immediately with clear motivation. If invalid, damage claims for breach of contract loom. The subdistrict court in The Hague applies strict scrutiny on proportionality, taking into account local collective labour agreements in horticulture. ## Advantages and Disadvantages Advantage: immediate exit without notice period, ideal for Westland flex workers. Disadvantage: no transition payment, unless employer is at fault. For unemployment benefit, UWV approval is required, with attention to regional unemployment figures in Westland. ## Practical Examples from Westland In the case of structural wage arrears by a Naaldwijk horticultural grower, as in *Horticultural Company/Employee Z* (ECLI:NL:RBDHA:2021:789), the dismissal succeeded. In simple disagreements over schedules, it often fails due to lack of seriousness. Westland employees first consider mediation via local industry organisations. This article offers strategies for successful dismissal on own initiative in the region. (218 words)