Instant dismissal. When possible?
Have you had instant dismissal? Read on or avoid costly mistakes and contact us directly. Free initial consultation!
What is summary dismissal?
Instant dismissal is a severe sanction. With summary dismissal, an employee is fired immediately - without notice - and loses his or her right to wages and unemployment benefits. It is therefore not for nothing that such a dismissal is subject to strict conditions. You can read more about this below.
Have you had instant dismissal ? Or do you as an employer want to dismiss someone? Contact us quickly for a free telephone consultation.
There must be an 'urgent reason' for summary dismissal
Not every misbehavior of an employee is sufficient reason for summary dismissal. The misconduct must be sufficiently serious and so serious that the employer cannot be expected to tolerate the employee in the workplace for any longer. Common examples are: fraud, violence, theft, sexual harassment, refusal to work, structural tardiness.
But other urgent reasons are also possible. For example, consider new things like insult on Facebook, frequent visits to "porn sites" or social media sites.
Prior warning?
Some behaviors are so serious that an employee does not need to be warned first for instant dismissal to be possible. For example, instant dismissal without prior warning will also be possible in cases of violence or theft. However, in less serious cases, such as 'arriving late' or 'excessive use of the Internet for private purposes', a prior warning is usually necessary.
Personal circumstances of the employee
Whether immediate dismissal is justified may also depend on the employee's personal circumstances. For example, an employee with a long and impeccable record of service may not be charged as much as an employee who has only been employed for a short time.
Resignation must be given immediately
An employer who wants to give immediate dismissal in case of serious misconduct must do so almost immediately (legal experts call this: 'give it immediately'). Although the employer is granted some time for reflection, this time should be short. Employer must proceed expeditiously with the dismissal and its possible investigation into the misconduct. During such an investigation, employee may be suspended for a short time.
A clear letter stating the reason(s) for dismissal.
Although summary dismissal can be given verbally, most employers will do so in writing or confirm it. Of importance here is that all reasons for the dismissal are stated. After the summary dismissal, the employer may not add to the reasons for dismissal reasons that were not stated when the dismissal was given.
Moreover, in the case of multiple reasons for summary dismissal, each individual reason may not be serious enough for summary dismissal, but the dismissal reasons "added together" may be.
For a model letter of summary dismissal, contact our specialists.
Direct action in case of summary dismissal
If, as an employee, you cannot agree with the instant dismissal given, you must take quick action. You only have 2 months to have the case reviewed by the court. If you do not do so in time, the dismissal is final.
Dismissal arrangement possible?
As mentioned, there are strict requirements for a summary dismissal. Therefore, the outcome in court is often uncertain. To avoid that uncertainty, employer and employee can consider agreeing on a termination arrangement, where the summary dismissal is rescinded and the end of the employment contract is set forth in a settlement agreement. If handled properly, this can even be "ww-safe.
Do not hesitate! Get help with dismissal and avoid expensive mistakes.
The above points of interest are general rules. It is advisable to seek advice on your concrete case from a dismissal specialist. Our lawyers and jurists have extensive experience with summary dismissal. We help both employers and employees. Prevent costly mistakes and call 0900 - 123 73 24 or mail
Get the most out of your agreement and contact us today.
we can answer your questions about dismissal and the settlement agreement;
we can screen your settlement agreement for unemployment benefit safety, irregularities, pitfalls, the severance payment, etc.;
we can advise you on ‘what to do?’
we can negotiate with your employer for a better severance arrangement;
we can — if you wish — try to prevent your dismissal.
In any case, with our help you avoid costly mistakes and achieve the best possible result!
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Example of a settlement agreement
Order the editable sample settlement agreement below.
Sample employee letter
Your employer wants to terminate your employment contract and offers you a settlement agreement in this regard. What is a wise response to that offer? We have prepared a sample letter for your initial response. Using the sample letter, you remain available for work and thus retain your right to wages. You also request time to respond to the employer's dismissal proposal and to seek advice.
Order the sample letter below.
