Publication date: 24 January 2017
When can you dismiss an employee with immediate effect? How do you do this? And what happens if the employee challenges the dismissal?
Employers can terminate employment contracts in different ways:
For dismissal with immediate effect there must be an urgent cause. The dismissal must take place immediately, with immediate notification of the urgent cause.
The employer can dismiss an employee with immediate effect – without observing the applicable notice period – if there is an urgent cause. Examples of urgent causes include, for instance, theft of property of the employer or acts of violence. In certain cases, use of alcohol can also form an urgent reason.
Instant dismissal must be effected immediately. This means, after the discovery of the urgent cause the employee must be dismissed as quickly as possible. The dismissal can be effected several days after the discovery of the urgent cause, if it can be established that this period was necessary for the investigation of the urgent cause, hearing the employee, internal consultations or seeking legal advice.
The dismissal must be effected with immediate notification of the underlying urgent cause. The employer must let the employee know as soon as possibly why he is dismissed. This is usually done by sending a detailed written motivation to the employee after the dismissal has been communicated orally.
Dismissal with immediate effect can have far-reaching consequences for the employee. He will not only lose his job, but also his entitlement to transitional compensation and unemployment benefits. Dismissal with immediate effect is therefore also called an “ultimate remedy”, which will only be justified in serious cases.
Because of the far-reaching consequences, the dismissal is often challenged by the employee. The employee can challenge the dismissal with immediate effect by requesting the subdistrict court to declare void the dismissal within two months after the dismissal.
In potential proceedings the court will consider whether there is an urgent cause and whether the dismissal was effected immediately and with immediate notification of the urgent cause. In addition, the circumstances of the case will be considered, such as:
Proceedings on dismissal with immediate effect can take a long time, which creates an uncertain situation for the employer. In fact, the court can even declare void the dismissal just like that after years of legal proceedings. The employer then has to readmit the employer to his activities when his former position has been taken by a new employee. So it is useful to terminate the employment contract conditionally.
Do you need advice on dismissal of an employee with immediate effect? Or is a dismissal you effected challenged by the employee? Please contact us:
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