What to do in case of a summary dismissal?
Have you been dismissed by your employer with immediate effect? This is known as an instant dismissal or a summary dismissal. It is crucial that you take immediate action. Below is what you need to do.
Exception in the system
First of all, it is important to understand that a summary dismissal is one of the few exceptions in the Dutch legal system where employment can end without prior court approval. The termination is effective immediately; there is no notice period, and the employer can claim penalties, which are typically offset against any outstanding salary payments.
Therefore, do not expect any further salary payments from your employer. Additionally, severance pay is usually denied due to ‘severe culpable behaviour’. Furthermore, you will not be eligible for unemployment benefits in the case of a summary dismissal. In other words, you will be left with no income or financial compensation whatsoever.
Contesting a summary dismissal
If you want to contest a summary dismissal, you, as the employee, will need to take action by filing a petition with the subdistrict court. You must do this within two months from the date of your dismissal. If the court does not receive the petition within this two-month period, the summary dismissal will become definitive, and no legal action will be possible (this is a statutory rule and therefore very strict).
Once the petition has been filed, the court will set a date for a hearing. These hearings should be scheduled within six weeks after filing, but in many cases, courts do not have sufficient capacity, and hearings can take two to three months to organize. Since you will be without income during this period, it is crucial that the petition is filed as soon as possible after the dismissal.
The employer can submit a defense petition to the court along with supporting evidence. Typically, the deadline for the defense petition is set ten days before the hearing. If you wish to present additional evidence in response, you must do so at least five days before the hearing. However, this does not mean you need to respond to the defense petition at that time, as you can do so during the hearing itself. Only the evidence (the exhibits) needs to be submitted in advance.
Settlement negotiations
The judge will examine whether the summary dismissal meets the legal requirements. Often, the judge will also check if the parties are willing to discuss a settlement. If so, the hearing is paused, and the employee and employer will step outside the courtroom to negotiate a settlement. If a settlement can be reached, the parties will return to the courtroom to inform the judge. The court clerk will confirm the terms of the settlement in the minutes of the court hearing.
If a settlement cannot be reached, the judge will issue a verdict. A verdict will not be given immediately but will be provided in writing within three to four weeks. The parties do not need to return to the court for the verdict, as it will be sent by post.
It is also possible to engage in settlement negotiations with your employer prior to any court hearing. However, this should never jeopardize the two-month deadline. Sometimes, it is more effective to first submit the petition and then negotiate with your employer, as this adds pressure for the employer to offer a settlement and prevents them from delaying the process.
Need help?
If you need assistance contesting a summary dismissal, the employment lawyers at GMW lawyers are ready to help. We have extensive experience in these matters.
