Serious Misconduct: Summary Dismissal

Serious misconduct constitutes a key ground for summary dismissal under Dutch employment law, particularly relevant for employers and employees in Tilburg and surrounding areas. This article explains what this concept entails, the legal basis, and the impact on both parties, with a local perspective via the District Court of Zeeland-West-Brabant.

What is Meant by Serious Misconduct?

According to Article 7:678 of the Dutch Civil Code (BW), serious misconduct is an urgent reason for immediate termination of the employment contract without notice period. It concerns breaches of employment obligations that make it unreasonable for the employer to continue the relationship. In the Tilburg region, this is often seen in local companies in logistics and retail.

The employer may then not pay a transition payment. For employees in Tilburg: consult the Juridisch Loket at Spoorlaan 364 for free advice.

Legal Basis: Article 7:678 BW

Paragraph 1 allows immediate termination in case of urgent reason. Paragraph 2 describes this as facts that justify immediate cessation. For employers, these are employee faults such as misconduct; for employees, the reverse applies, e.g., employer faults.

Criteria for Serious Misconduct

Judges, including those of the District Court of Zeeland-West-Brabant at Wilhelminapark 100 in Tilburg, apply strict scrutiny:

1. Objective Severity

Assessed based on function, hierarchy, years of service, past performance, and company culture. In Tilburg SMEs, loyalty weighs heavily.

2. Attributability

The employee must have known that the behavior was unacceptable.

3. Direct Link

The misconduct must make continuation impossible.

4. Prompt Action

Dismissal 'immediately' upon becoming aware (art. 7:678 paragraph 3 BW), usually within days, with room for investigation.

Typical Examples

Case law provides guidelines, often applied in Brabant cases:

Theft

Stealing goods or cash fundamentally breaks trust. HR 12 Feb 1999: €50 theft sufficed for a warehouse employee.

Fraud

False declarations or document forgery qualify directly.

Violence

Aggression against colleagues or customers justifies dismissal, even in case of threats.

Competition

Side activities or info leaks to rivals are serious.

Repetition

Cumulative misconduct after warnings can be decisive.

Resistance

Structural insubordination constitutes grounds for dismissal under certain conditions.

Impact of Dismissal

On Employee

No notice period or transition payment; possible unemployment benefit (WW) provided it is not attributable. In Tilburg: assistance via Juridisch Loket Spoorlaan 364.

On Employer

Lawful dismissal prevents damage claims. Local court: Wilhelminapark 100.

Tip for Tilburg: In disputes, go directly to the cantonal judge. Preserve evidence and act quickly.