Urgent Cause Review in Employment Law around Rijswijk
Urgent cause review is a legal procedure whereby an employee or employer can have assessed whether a summary dismissal was lawful. This occurs when there is doubt about the presence of an urgent cause that justifies the dismissal. For residents of Rijswijk, this is crucial to prevent unjustified dismissals, with access to local institutions such as the District Court of The Hague.
In this article, we delve into the meaning of urgent cause review, the conditions for application, steps you can take in the Rijswijk region, practical examples and relevant legal insights.
What does urgent cause review entail?
Urgent cause review concerns a lawfulness test by the cantonal judge, often at the District Court of The Hague (district for Rijswijk), or an arbitrator in employment disputes. It is used after a summary dismissal if the validity is contested. Such a dismissal is only permitted in the case of an urgent cause, such as gross negligence, theft or structural refusal to work.
According to the law, the employer must not have had a reasonable opportunity to address the problem first through dialogue or other measures, except in cases of acute severity.
Legal basis
The core of urgent cause review lies in:
- Article 7:678 DCC: Summary dismissal requires an urgent cause.
- Article 7:679 DCC: Defines urgent causes, such as moral misconduct or incompetence.
- Case law of the District Court of The Hague: Local jurisprudence from the Hague district influences what qualifies as urgent, depending on specific circumstances.
When does an urgent cause exist?
An urgent cause implies urgency such that postponement is impossible. Typical cases in practice around Rijswijk:
- Gross disciplinary violations: Fraud, deception or serious breach of rules.
- Theft or criminality: Stealing company property or other serious offenses.
- Structural refusal to work: Repeatedly ignoring tasks without excuse.
- Aggression or threats: Violence against colleagues or supervisors.
- Conflict of interest: Competing business activities alongside the job.
The employer must prove this with documents, testimonies or other evidence, which is strictly reviewed in Rijswijk procedures.
Rights and obligations in urgent cause review in Rijswijk
Rights of the employee
After summary dismissal in Rijswijk, you can have the validity reviewed via:
- Proceedings at the District Court of The Hague (cantonal judge): File within 4 weeks.
- Advice from the Legal Aid Office Rijswijk: Free assistance for initial steps and mediation.
- Claim compensation: In case of unlawful dismissal, continued wage payment and compensation for damages.
Act quickly: time limits are short. The Legal Aid Office Rijswijk provides local support.
Obligations of the employer
Employers must:
- Provide proven urgent causes.
- Not have had a feasible solution period.
- Inform the employee of the motives and opportunity to respond.
Non-compliance leads to annulment of the dismissal by the District Court of The Hague.
Practical examples from the Rijswijk region
Example 1: An employee in Rijswijk stole office supplies. The employer dismissed immediately, but the cantonal judge (District Court of The Hague) ruled no urgent cause due to lack of priority in prior incidents – dismissal invalid.
Example 2: Repeated absence without notification led to dismissal. Review confirmed urgent cause due to documented warnings.
Tip for Rijswijk: Contact the Legal Aid Office Rijswijk for free advice or initiate proceedings at the District Court of The Hague. Keep all correspondence.
Next steps in Rijswijk
1. Gather evidence.
2. File complaint with the cantonal judge in The Hague within 4 weeks.
3. Consider union or Legal Aid Office Rijswijk for assistance.
This way, you effectively protect your employment rights.