Procedural Requirements for Summary Dismissal in Westland

# Procedural Requirements for Summary Dismissal in Westland In Westland, the greenhouse and horticulture region of the Netherlands, summary dismissal due to serious misconduct – such as theft of crops or neglect of delicate flower exports – is a sensitive issue. Employers in greenhouse horticulture companies must adhere to strict procedural rules to maintain legal validity. According to Article 7:678(3) of the Dutch Civil Code (BW), the termination must be immediate, and the employee must be notified of the urgent reason in such a manner that work can be ended without delay. ## Immediate Notification in Westland Practice Employers in Westland, often operating in round-the-clock shifts for seasonal harvesting, must inform the employee as soon as possible, preferably orally immediately after an incident in the greenhouse, followed by written confirmation via email or app. Even a delay of a few hours, for example during a busy harvest in 's-Gravenzande or Naaldwijk, can lead to invalidation by the subdistrict court in The Hague. The Supreme Court ruled in cases such as *Smit/Euro Express* that this can be fatal, a lesson locally relevant in collective agreement disputes within the horticulture sector. ## Justification of the Urgent Reason The notification must describe concrete facts, such as 'the theft of 50 kg of tomatoes from the cooling unit on June 15 in greenhouse 7 in Monster.' Vague references to 'breach of contract' are insufficient; specific details from the Westland context, such as damage to sensitive crops, are crucial for success. ## Follow-Up and Evidence in Westland Collect witness statements from team leaders, camera footage from greenhouses, or GPS logs from transport vehicles. The subdistrict court subsequently assesses the reasonableness, taking into account the local horticulture culture. Failure to comply with the rules often results in reinstatement with back pay. Employees can litigate within two months at the subdistrict court (Article 7:686 BW), supported by the trade union FNV Agri. This article outlines pitfalls and best practices for watertight dismissal in Westland’s dynamic horticulture sector.