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Immediate dismissal

This information is provided by:Ministry of Social Affairs and Employment, SZWMinistry of Social Affairs and Employment, SZW

The behaviour of your employee is a reason for immediate dismissal. This is only allowed if you comply with certain rules. For instance, you need to have an urgent reason for immediate dismissal. And you need to gather evidence. Your employee can challenge the dismissal via a district judge.

Check if there is an urgent reason for dismissal

Examples of an urgent reason are:

  • deceit during a job application
  • theft or fraud
  • going to work while drunk
  • abuse, grave insults, or threats
  • endangering colleagues
  • refusal to work

Inform your employee instantly about the dismissal

Is there an urgent reason to dismiss your employee? Then you need to inform your employee instantly. Including the reason for dismissal. This can be done orally, but have a letter of dismissal ready afterwards. You can give the letter of dismissal during the conversation. Or you send the letter of dismissal after the conversation as a registered letter. Or via email with a conformation of receipt.

In any case it has to be clear that your employee knows that you dismiss them immediately and why you do so. Because only then the dismissal is valid.

Gather evidence

You have to prove that there is an urgent reason for dismissal. Therefore, gather as much objective evidence as possible. What that evidence is exactly, depends on the situation. Think of video recordings, emails, or complaints from colleagues.

What to do if your employee challenges the immediate dismissal via a district judge?

Does your employee disagree with the immediate dismissal? Then they can challenge the immediate dismissal via a district judge. The district judge can determine that the immediate dismissal is invalid. Then there is a good chance that you have to pay the employee compensation. And maybe you are even required to rehire the employee. The compensation (in Dutch) is always at least 3 months’ worth of salary.

The district judge assesses the reason for immediate dismissal with the help of the following questions:

  • Is there really an urgent reason for the dismissal?
  • Have you fired your employee immediately after you noticed that there was an urgent reason for that? Or after you gathered enough evidence for the urgent reason?
  • Is there evidence that your employee knew about the immediate dismissal and the reason for the immediate dismissal? For example, because you sent the letter of dismissal as a registered letter, with conformation of receipt.
  • Have you put the reason for immediate dismissal clearly in the letter of dismissal? You cannot forget anything when doing this. If there are multiple reasons for dismissal, then you have to mention and explain all of them.
  • Is the dismissal immediate? For example, your employee cannot come in for a final day to finish up work.

Compensation from your employee

You can claim compensation from your employee if the urgent reason for dismissal is clearly the fault of the employee.

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