Immediate dismissal

What is immediate dismissal?

With immediate dismissal, you terminate the contract between you and your employee with immediate effect. You do not have to go to court first to check whether the dismissal is permissible. And you do not need to check whether your employee can start work in another workplace within the business. Your employee stops working immediately.

When is immediate dismissal possible?

You may only dismiss your employee with immediate effect if you have a valid reason. For example, serious misconduct in the workplace, such as stealing. You must tell this reason immediately.

Urgent reasons 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
• not having the knowledge or experience to do the job

Do you doubt if there is sufficient reason for immediate dismissal? And does your employee not agree (on paper) to the dismissal? Then you can ask the subdistrict court to terminate the contract.

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.

It has to be clear that your employee knows that you dismiss them immediately and why you do so. Only then is the dismissal valid.

Gather evidence

You have to prove that there is an urgent reason for dismissal. So, 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. Make sure the evidence shows what happened and that it is not your opinion.

What if investigation is needed?

Sometimes there is a very clear reason for immediate dismissal. Sometimes an investigation is needed first. That obviously takes time. Do you already know that immediate dismissal is inevitable? Then you can suspend your employee until you have enough evidence for the reason for immediate dismissal. You need to continue paying your employee during the suspension.Do you wait too long to investigate and only then terminate the contract? Then you are not complying with the rules for immediate dismissal.

Immediate dismissal during illness

You can also dismiss your employee with immediate effect if they are ill. This is only possible if there is a valid reason for immediate dismissal. For example, in case of fraud or theft. You may not dismiss your employee because they are ill.

No pay in case of summary dismissal

Do you have a valid reason for summary dismissal? Then you no longer have to pay your employee their wages. You can stop paying their wages on the date of dismissal. You must also arrange the final settlement. That is paying out any days off or holiday pay you employee still gets. You can wait to pay out. Sometimes, your employee has to pay you compensation in case of summary dismissal. If so, you can deduct the final settlement from that.

When your employee goes to court

Does your employee disagree with the immediate dismissal? Then they can challenge the immediate dismissal via a district judge. Does the district judge 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 will look at these points in a summary dismissal::

• 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?
• Have you clearly explained the reason for immediate dismissal in the letter of dismissal?
• Is the dismissal immediate? For example, your employee cannot come in for a final day to finish up work.

Transition compensation for summary dismissal

You do not have to pay a transition payment if the dismissal is because your employee has done something serious. Or because your employee did not do something. This is often the case with immediate dismissal. Does your employee not agree? Then they can go to the subdistrict court.

Compensation from your employee

Is the reason for dismissal caused by your employee? Then you can claim compensation from them. Does your employee have a fixed or temporary contract that can be terminated in the meantime? Then the compensation you get is equal to the salary you would pay over the notice period. Is it a temporary contract that cannot be terminated in the meantime? Then the compensation is equal to the wages you would pay until the end of the contract.