Fired immediately

27 February 2019
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Fired immediately

Summary dismissal is a notice of termination for an urgent reason, whereby the employment contract is immediately terminated. The employer does not need permission from the UWV for this. However, a number of requirements must be met in order to speak of a legally valid instant dismissal. These requirements are as follows:

  • There must be an urgent reason;
  • The dismissal must take place immediately;
  • The reason for dismissal must be communicated to the employee without delay.

If the employer is not (yet) sure whether there is an urgent reason for dismissal, he can investigate this. For example, he may want to investigate whether an employee has actually committed theft. During this investigation, the employer has the option of suspending the relevant employee.

Appealing a summary dismissal

If the three conditions are not met, the employer is acting in violation of the law. In that case, the employee can contest the dismissal. For example, he can invoke the voidability of the dismissal because there was no urgent reason. If the appeal is successful, he will still remain employed by the employer and will be entitled to continued payment of wages from the date of dismissal.

Another option for the employee is to opt to maintain the termination of the employment contract and to claim compensation for irregular notice. In that case, the compensation is equal to the salary for the period of the notice period that the employer should have observed in the event of regular notice. The employee can also claim a transition payment and a fair compensation.

The summary dismissal must in any event be contested within two months. Our expert employment lawyers can assist you during dismissal proceedings.

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