Serious Misconduct: Summary Dismissal in Delft

Serious misconduct forms a key concept in Dutch employment law and is often the basis for summary dismissal. For employers and employees in Delft, this is relevant in the case of the sudden termination of an employment contract without notice period. This article highlights the definition, relevant legislation and practical implications, with attention to local institutions such as the Rechtbank Den Haag (district Den Haag, Delft location) and the Juridisch Loket Delft.

What is Meant by Serious Misconduct?

According to Article 7:678 of the Dutch Civil Code (BW), serious misconduct qualifies as an urgent reason for summary dismissal. It concerns breaches of employment obligations by the employee that are so weighty that the employer cannot reasonably continue the relationship. No notice period or transition payment is then required.

Legal Basis: Article 7:678 BW

Paragraph 1 states that both parties may terminate the agreement immediately in the event of an urgent reason. Paragraph 2 describes this as circumstances that require immediate termination. For employers, this concerns employee faults such as misconduct; for employees, the reverse applies.

Criteria for Serious Misconduct

Judges, including those of the Rechtbank Den Haag, apply strict scrutiny:

1. Objective Severity

The seriousness is assessed based on the function, hierarchy, years of service, past performance and company standards in Delft organisations.

2. Attributability

The employee must have acted knowingly against known rules.

3. Direct Link

The conduct must make continuation impossible.

4. Speed of Action

Dismissal must follow 'immediately' (art. 7:678 paragraph 3 BW), generally within days, with room for investigation.

Practical Examples from Case Law

Theft

Theft, even minor (€50), justifies dismissal (HR 12 Feb. 1999, JAR 1999/59). In Delft cases, this is seen among retail employees.

Fraud

False declarations or document forgery qualify as serious misconduct.

Violence

Aggression towards colleagues or customers invariably leads to dismissal.

Competition

Side activities or leaking information breach trust.

Repetition

Cumulative misconduct after warnings can be decisive.

Resistance

Structural insubordination undermines authority.

Implications of Summary Dismissal

For the Employee

No benefit immediately, possible annulment via the district court judge (Rechtbank Den Haag, Delft). Consult the Juridisch Loket Delft for free advice (Burg. Reigerstraat 124, Delft).

For the Employer

Risk of reinstatement if dismissal does not hold. Document carefully.

In Delft, the Juridisch Loket offers support in disputes. For proceedings: Rechtbank Den Haag, Delft location.