An employee can in terms of Dutch Labour Law be summarily dismissed in the instance of serious misconduct or incapacity.
The question will always be whether the employee-employer relationship is so intolerable that that it can not be continued. Dutch Labour Law will evaluate whether it is fair to expect an employer to continue the employment relationship relating to the level of the misconduct or incapacity of the employee. (Article 7:678-1 of the Dutch Civil Code).
A manager must always consider all facts involved in a unbiased way.
It is recommended that the manager must write a report on the elements/facts that were considered. This will enable the manager to provide fair and valid reasons in the notice of summary dismissal.
a. when the employee has mislead the employer at the conclusion of the employment agreement by showing false or forged testimonials or by deliberately providing false information about the way in which his previous employment ended;
b. when the employee seriously seems to lack the competence or the capability to perform the work to which he has engaged himself;
c. when the employee, despite warning, takes to drunkenness or other dissipated behavior;
d. when the employee makes himself guilty of theft, embezzlement, deceit, fraud or other indictable offences as a result of which he becomes unworthy of the employer’s trust;
e. when the employee batters, crudely insults or seriously threatens the employer, his family members or other employees;
f. when the employee tempts or tries to tempt the employer, his family members or other employees to perform or participate in actions contradictory to law or good morals;
g. when the employee deliberately, or despite warning, recklessly damages the property of the employer or exposes it to serious danger;
h. when the employee deliberately, or despite warning, recklessly exposes himself or others to serious danger;
i. when the employee makes public characteristics regarding the household or enterprise of the employer which he was expected to keep confidential;
j. when the employee persistently refuses to comply with reasonable instructions or orders given by or on behalf of the employer;
k. when the employee crudely neglects the obligations imposed on him by the employment agreement;
l. when the employee deliberately or because of reckless behavior becomes or remains unable to perform the contracted work.
André Beukes is an EU Management Consultant to international companies doing business in Europe. He provides clients with practical business support that makes a real difference doing business in the EU. “Put simply, I am here to help you meet your challenges. I believe in the importance of doing things correctly, meaning risks are reduced and problems are avoided.”