Serious Misconduct: Summary Dismissal

Serious misconduct forms a key concept in Dutch employment law and is often the basis for summary dismissal. For employers and employees in Rijswijk, it is essential to understand when this applies. This article discusses the definition, relevant legislation and practical implications, with attention to local institutions such as the District Court of The Hague (district) and the Juridisch Loket Rijswijk.

What Does Serious Misconduct Mean?

According to Article 7:678 of the Dutch Civil Code (BW), serious misconduct qualifies as an urgent reason for immediate termination of the employment contract. It concerns breaches of employment obligations that are so serious that continuation of the employment relationship is unreasonable for the employer. No notice period or transition payment is then required.

Legal Basis: Article 7:678 BW

Paragraph 1 states that parties may terminate the agreement summarily in the event of an urgent reason. Paragraph 2 describes this as facts that justify immediate dissolution. For employers, these are employee-related violations; for employees, the reverse applies, such as serious employer misconduct.

Criteria for Summary Dismissal

Judges, including those of the District Court of The Hague, apply strict scrutiny:

1. Objective Severity

The violation must be serious, taking into account the position, hierarchy, years of service, past performance and company standards in Rijswijk organisations.

2. Attributability

The employee must have been able to consciously avoid the conduct.

3. Direct Link

The action must render the employment relationship irreparably damaged.

4. Speed of Action

Dismissal must follow 'immediately' (paragraph 3 BW), generally within days, allowing room for investigation.

Practical Examples from Case Law

Theft

Stealing goods or cash fundamentally breaks trust. Supreme Court (12 Feb 1999, JAR 1999/59): Theft of €50 by a warehouse employee sufficed for dismissal.

Fraud

False declarations or document forgery are invariably severely punished.

Violence

Aggression towards colleagues or customers justifies immediate action; bullying can also qualify.

Competition and Abuse

Side activities or leaking information to rivals are serious.

Repeated Disruptions

Cumulative warnings can culminate in dismissal, especially in case of recidivism.

Resistance to Instructions

Structural insubordination can be compelling.

Implications

For Employees

A valid dismissal blocks entitlement to unemployment benefits (WW) and may require damage claims. If invalid (via District Court of The Hague), reinstatement or fair compensation follows. Consult the Juridisch Loket Rijswijk for free advice.

For Employers

Correct procedure is crucial; errors lead to repayment. Document everything.

In Rijswijk, in case of disputes, you can go to the District Court of The Hague or start at the Juridisch Loket Rijswijk for an introductory consultation hour.