While every employee knows the concept of summary dismissal, far fewer know when an employer can actually issue a summary dismissal.
A summary dismissal is a severe "punishment", an employee is immediately out on the street without income and usually without an unemployment benefit and has a great impact on personal life. Therefore, there are certain (procedural) requirements that a summary dismissal must meet and these requirements are strict. This is because a summary dismissal is an ultimum remedium, a last resort. Do you do have a VSO? and you want the Have VSO checked? Then get in touch or do a free control VSO
The requirements for a legally valid summary dismissal
- The most well-known requirement is that there must be an urgent reason (objective and subjective).
- An objective pressing reason is what is generally seen as a pressing reason by everyone, such as extreme threats, violence, theft, etc.
- A subjective urgent reason is what the employer in question sees as an urgent reason. However, this employer must clearly state what conduct falls under an urgent reason and what consequences it attaches to it. The employer must also enforce the rule consistently and not occasionally at its convenience.
- The dismissal must be immediate. This means that the dismissal must be communicated immediately, clearly and in writing the moment the behaviour is known to the employer. However, a short investigation take place when it is not immediately obvious exactly what employee did.
- When the employer proceeds to instant dismissal, it must immediately and clearly communicate the urgent reason for the dismissal to the employee.
Even if the above requirements are met, a subdistrict court may still rule that it is not legally valid. This is because the employer must also take an employee's personal circumstances into account. This is one of the factors why the outcome of such proceedings is impossible or difficult to predict.
Fixation agreement possible?
Because an employer generally wants to avoid such proceedings, it is often possible to obtain a settlement agreement get. Then you can secure your unemployment benefit and in some cases even get a severance pay along with it.
When a summary dismissal is given too quickly, it can leave a nasty taste in the employer's mouth. When a summary dismissal is given too soon, the employee is entitled to the back pay (often with statutory increase) and remains employed. Instead of challenging the dismissal, the employee can also claim fair compensation . Such conduct by the employer is generally seriously culpable.
Advice on instant dismissal
If you have been summarily dismissed and you wish to challenge this, proceedings must be started within 2 months of the dismissal; if this does not happen, there is unfortunately nothing you can do about it and the dismissal will stand. So contact a specialist immediately on the same or next day to help you.
Contact us at WhatsApp, call +(31) 085-08 054 82, send a email or set here your question; our employment lawyer will be happy to talk to you. And provide the answers to all your questions.