Summary Dismissal in Westland: Urgent Cause and Immediate Consequences

# Summary Dismissal in Westland: Urgent Cause and Immediate Consequences Summary dismissal (Article 7:677 of the Dutch Civil Code) is the immediate termination of an employment contract without a notice period or the need for approval from the UWV (Employee Insurance Agency) or the subdistrict court. In Westland, with its thriving greenhouse horticulture sector, this requires an urgent cause, such as theft of greenhouse yields, fraud involving crop protection products, or serious misconduct on nurseries in regions like 's-Gravenzande or Naaldwijk. ## What Constitutes an Urgent Cause in Westland? Facts that justify immediate termination are assessed based on local circumstances, such as seasonal peaks in greenhouses. Examples include: - Aggression among staff during harvest; - Violation of a non-compete clause by moving to a neighboring nursery; - Prolonged unauthorized absence without notification during peak periods in Poeldijk. ## Procedure - Notify the employee immediately, either verbally or in writing, with a clear motivation, preferably in the presence of witnesses from the Westland community. - Provide the employee with a hearing beforehand, unless urgency (e.g., theft of tomato or flower harvest) precludes this. - Wages cease immediately, but be mindful of the collective labor agreement (CLA) for greenhouse horticulture, which may impose additional rules. ## Risks for Employers in Westland In cases of unjustified dismissal, employers may be required to: - Continue wage payments; - Pay compensation for damages; - Reinstate the employment contract. The employee may bring the case before the subdistrict court in The Hague (within two months). Local horticulture businesses also risk reputational damage within Westland’s close-knit networks. ## Defense Options for Employees Employees may: - Submit an objection to the UWV to claim unemployment benefits; - Gather evidence to refute the urgent cause, such as witness statements from colleagues at the nursery; - Consult trade unions such as FNV Agrarisch or CNV in the region. ## Statistics and Tips for Westland Only 20% of summary dismissals are upheld by the subdistrict court. To strengthen your case: - Document facts with camera footage from greenhouses; - Issue prior warnings via the employee representation; - Use summary dismissal only for repeated misconduct, such as absenteeism during chrysanthemum harvesting. Alternative: Follow the warning procedure as outlined in the Westland CLA. Seek legal advice from specialists in The Hague for horticulture-specific matters.