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Summary Dismissal in Westland - When is it Permitted?

Summary dismissal is a drastic measure that in Westland is only permitted in the event of an urgent cause. Read more about the conditions, procedures and judicial review by the sub-district court in The Hague (district Westland).

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Summary Dismissal in Westland - When is it Permitted?

Summary dismissal is a drastic measure whereby an employment contract is terminated with immediate effect by the employer. This is only possible in the event of an urgent cause as laid down in article 7:677 of the Dutch Civil Code.

What Constitutes an Urgent Cause?

An urgent cause concerns a situation that is so serious that the employer can no longer be required to maintain the employment contract. It involves actions or circumstances that irreparably damage the trust between employer and employee.

Examples of Urgent Causes

  • Theft or fraud - Misappropriating company assets or submitting false expense claims
  • Aggression or intimidation - Physical violence or threats towards colleagues or managers
  • Serious negligence - Systematically refusing to perform tasks
  • Breach of trust - Leaking confidential company information
  • Alcohol abuse - Repeatedly appearing at work under the influence
  • Prohibited competition - Working for a competing company without permission

Procedural Requirements and Deadlines

Immediate Notification Required

The employer must announce the dismissal immediately after discovering the urgent cause. A delay may suggest that the situation was not urgent enough. Courts generally accept a period of a few days to at most one week.

Written Substantiation

The dismissal must be communicated in writing and properly substantiated with:

  • The specific urgent cause
  • The underlying facts and circumstances
  • The date on which the employment contract ends immediately

Impact on the Employee

No Unemployment Benefit in Case of Justified Dismissal

If the summary dismissal is justified, the employee is usually not entitled to an unemployment benefit. The Employee Insurance Agency (UWV) investigates whether the dismissal was justified.

No Transition Payment

In the case of a justified summary dismissal, the right to a transition payment lapses due to seriously culpable conduct.

Judicial Review in Westland

In the Westland region, the sub-district court strictly reviews whether a summary dismissal is lawful:

  • Was there a valid urgent cause?
  • Was the dismissal communicated immediately?
  • Are the facts sufficiently substantiated?
  • Is the measure proportionate to the situation?
  • Have the employee's personal circumstances been taken into account?

Frequently Asked Questions about Dismissal in Westland

What is the time limit to challenge the dismissal?

You have two months after receipt of the dismissal letter to file a request for annulment of the dismissal with the sub-district court in The Hague (district Westland).

Am I required to sign the dismissal letter?

No, you do not have to sign the letter. You can receive it without showing consent.

Practical Advice

Tips for Employees in Westland

  1. Always request a written statement of the dismissal
  2. Contact a lawyer or the Westland Legal Desk as soon as possible
  3. Keep all communication and documentation
  4. Register with the UWV within one week for any benefit
  5. Initiate legal proceedings within two months if you dispute the dismissal

Tips for Employers in Westland

  1. Conduct thorough investigation into the situation
  2. Give the employee the opportunity to tell their side of the story
  3. Communicate the dismissal as soon as possible after discovery
  4. Have the dismissal letter drafted or reviewed by a lawyer

Statutory basis: Articles 7:677 and 7:678 Dutch Civil Code