Urgent Cause Review in Employment Law The Hague
Urgent cause review is a crucial legal procedure in The Hague where employees or employers can have the legality of a summary dismissal assessed. This occurs when there is dispute over the presence of an urgent cause that justifies dismissal without notice period. For residents of The Hague, this provides protection against unjustified dismissal and helps safeguard employment rights.
In this article, we delve deeper into urgent cause review, the application conditions, steps you can take in The Hague, plus local examples and legal insights specific to the region.
What does urgent cause review entail?
Urgent cause review concerns a legality test by the cantonal judge, often at The Hague District Court (Prins Clauslaan 60). It is used in summary dismissal when the validity is contested. Such dismissal is only permitted in the case of an urgent cause, such as gross negligence, theft or structural refusal to work.
According to the law, the employer must not have had sufficient time for a solution through dialogue or mediation. Only in acute, irresolvable cases is immediate action justified.
Legal basis
The core legislation states:
- Article 7:678 DCC: Summary dismissal requires an urgent cause.
- Article 7:679 DCC: Defines urgent causes, including serious misconduct or incompetence.
- The Hague case law: Local rulings from The Hague District Court carry significant weight and interpret facts on a case-by-case basis.
When does something qualify as an urgent cause?
An urgent cause implies urgency where postponement is inconceivable. Typical cases in practice around The Hague:
- Gross breaches of integrity: Fraud, deception or flagrant rule violations.
- Theft or criminality: Embezzlement of company property or serious offenses.
- Structural refusal to work: Repeated failure without excuse.
- Aggression or threats: Violence against colleagues or supervisors.
- Conflict of interest: Competing business activities alongside the job.
The employer must substantiate this with evidence such as camera footage, emails or statements.
Rights and obligations in review in The Hague
Employee rights
After summary dismissal, you can have the validity reviewed in The Hague via:
- Proceedings at The Hague District Court (Prins Clauslaan 60): File within 4 weeks.
- Free advice from Juridisch Loket The Hague (Lutherse Burgwal 10): For initial assistance and referral.
- Claim compensation: In case of unlawful dismissal, salary, transition payment and damages.
Acting within the strict deadlines is essential for success.
Employer obligations
Employers must demonstrate:
- Credible grounds for the dismissal.
- No time for alternative solutions (in cases of exceptional severity).
- Immediate motivation to the employee with opportunity to respond.
Non-compliance leads to nullification by the cantonal judge.
Practical examples from The Hague
Example 1: An employee at a Hague logistics company stole goods; The Hague District Court ruled this an urgent cause, upholding the dismissal.
Example 2: After an argument with intimidation, dismissal was given, but without evidence the cantonal judge annulled it due to lack of urgency.
Tip for The Hague: Start at Juridisch Loket (Lutherse Burgwal 10) for free consultation and proceed to The Hague District Court (Prins Clauslaan 60) if necessary.
Next steps
Contact Juridisch Loket The Hague or an employment law attorney immediately. Preserve all correspondence and evidence for your case.