Procedural Requirements for Summary Dismissal

In the case of summary dismissal due to serious misconduct, the employer must strictly adhere to procedural rules to remain legally tenable. 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 cause in such a manner that the employment can be terminated immediately.

Immediate Notification

The employer must inform the employee as soon as possible, preferably orally and immediately followed by written confirmation. Delay may lead to invalidation by the subdistrict court. The Supreme Court ruled in cases such as Smit/Euro Express that even a few hours' delay can be fatal.

Substantiation of the Urgent Cause

The notification must concretely describe the facts and circumstances constituting the misconduct. General formulations are insufficient; specific examples are essential for a successful procedure.

Follow-up and Evidence

Employers must gather witness statements, camera footage or logs. In case of dispute, the judge assesses the reasonableness ex post facto. Failure to comply with procedural rules often results in reinstatement of the employment relationship with backpay. Employees can initiate proceedings before the subdistrict court within two months (Article 7:686 BW).

This article highlights the pitfalls and best practices for a watertight dismissal process. (198 words)