Urgent Cause Review in Employment Law Tilburg
Urgent cause review is a legal procedure whereby an employee or employer can have the lawfulness of a summary dismissal checked. This review is crucial if there is doubt about the presence of an urgent cause that justifies the dismissal. This is particularly relevant in Tilburg due to the many local businesses and collective labour agreements. It prevents unlawful dismissals for both employees and employers.
In this article, we explain what urgent cause review entails, when it applies in the Tilburg region, and what steps you can take. We provide practical examples from the District Court of Zeeland-West-Brabant and important legal tips.
What is urgent cause review?
Urgent cause review is a lawfulness test by the cantonal judge of the District Court of Zeeland-West-Brabant (Tilburg location, Wilhelminapark 100) or an arbitrator. It takes place after a summary dismissal if the lawfulness is disputed. Such a dismissal is only permitted in the event of an urgent cause, such as fraud, theft or persistent refusal to work.
According to the law, an employer may not dismiss summarily without further ado; there must have been no reasonable time to resolve the problem through warnings or mediation, unless the situation is extremely urgent.
Statutory basis
The core of urgent cause review is set out in:
- Article 7:678 DCC: Summary dismissal requires an urgent cause.
- Article 7:679 DCC: Defines urgent causes, such as moral misconduct or unsuitability.
- Case law of the District Court of Zeeland-West-Brabant: Local rulings in Tilburg weigh circumstances heavily, such as in cases at manufacturing companies or logistics.
When is there an urgent cause in Tilburg?
An urgent cause is an acute, serious situation. Examples from practice in Tilburg:
- Serious moral failure: Fraud in a local shop or deception at a Tilburg manufacturing company.
- Theft: Stealing goods from a warehouse on Lovenslaglaan.
- Repeated refusal to work: Systematically failing to appear at the workplace without reason.
- Violence or intimidation: Aggression during a shift in a hospitality business on the Heuvel.
- Competition: Employee starts own business that competes with employer in the region.
The employer must make this demonstrable with evidence such as CCTV footage, emails or witnesses from Tilburg.
Rights and obligations in urgent cause review Tilburg
Rights of the employee
After summary dismissal in Tilburg, you can:
- Initiate proceedings at the District Court of Zeeland-West-Brabant, Wilhelminapark 100, within 4 weeks.
- Seek help from the Legal Aid Office Tilburg, Spoorlaan 364, for free advice or union.
- Demand compensation: In the event of unlawful dismissal, continuation of salary and transition payment.
Act quickly; deadlines are strict!
Obligations of the employer
Employers in Tilburg must:
- Provide evidence for the urgent cause.
- Not have considered alternatives, such as a meeting at the office.
- Inform in writing about the reasons and opportunity to respond.
Non-compliance leads to annulment of the dismissal by the cantonal judge.
Practical examples from Tilburg
Case 1: Employee in a Tilburg warehouse stole tools. District Court of Zeeland-West-Brabant (Wilhelminapark 100) ruled: urgent cause proven by CCTV footage – dismissal valid.
Case 2: Employee repeatedly refused tasks. No prior warnings: dismissal invalid, employee received salary until end of proceedings via Legal Aid Office Tilburg (Spoorlaan 364).
Tip: Contact the Legal Aid Office Tilburg for personal guidance.