Serious Misconduct: Summary Dismissal in The Hague

Serious misconduct constitutes a crucial ground for summary dismissal under Dutch employment law, particularly relevant for employers and employees in The Hague. This article explains what serious misconduct entails, the applicable legislation, and the practical consequences, including local legal resources at the District Court of The Hague, Prins Clauslaan 60 and the Legal Counter The Hague, Lutherse Burgwal 10.

What Does Serious Misconduct Mean?

According to Article 7:678 of the Dutch Civil Code (BW), serious misconduct is an urgent reason for immediate termination of the employment contract without notice period. It concerns breaches of employment obligations by the employee that are so serious that continuation of the employment relationship is unreasonable for the employer. Examples include theft, fraud, or aggression.

Core of Article 7:678 BW

Paragraph 1 allows immediate termination in case of urgent reasons. Paragraph 2 defines these as circumstances that justify immediate dissolution. For employers, these are employee faults; for employees, employer faults. No transition payment is due in case of valid dismissal.

Strict Conditions for Summary Dismissal

Judges, including those at the District Court of The Hague (Prins Clauslaan 60), apply strict scrutiny:

1. Objective Severity

Assessed based on position, hierarchy, years of service, past performance, and company culture.

2. Attributability

The employee must have been able to foresee that the conduct was unacceptable.

3. Direct Causal Link

The conduct must render the employment relationship irreparably damaged.

4. Immediate Reaction

Dismissal must follow 'immediately' (art. 7:678 paragraph 3 BW), generally within days of becoming aware of the facts, with room for investigation.

Typical Examples from Case Law

Theft and Fraud

Theft, even minor (€50), justifies dismissal (Supreme Court 12-2-1999). Fraud such as false expense claims likewise.

Violence and Intimidation

Physical aggression or threats against colleagues invariably lead to dismissal.

Competition and Recidivism

Side activities involving conflicts of interest or repeated violations despite warnings often qualify.

Insubordination

Refusal of reasonable instructions may suffice under cumulative circumstances.

Consequences of Summary Dismissal

For the Employee

If valid: no notice period, no transition payment, unemployment benefit (WW) dependent on attributability. If invalid: repayment obligation and damage claims. Consult the Legal Counter The Hague (Lutherse Burgwal 10) for free advice.

For the Employer

Must document facts and follow procedure. If erroneous: continuation of salary and reinstatement obligation. Local procedures at District Court of The Hague expedite disputes.

Local Tips for The Hague

• District Court of The Hague, Prins Clauslaan 60: Handles subdistrict cases on dismissal. Schedule a hearing via rechtspraak.nl.
• Legal Counter The Hague, Lutherse Burgwal 10: Free intake for employees and employers. Call 0900-8020 or visit in person.

Sources: BW art. 7:678, Supreme Court rulings. In case of doubt: seek legal advice immediately.