Urgent Cause Assessment in Employment Law around Delft
Urgent cause assessment is a legal procedure whereby an employee or employer can have it assessed whether a summary dismissal was lawful. This occurs when there is doubt about the presence of an urgent cause that justifies the dismissal. For residents of Delft and surrounding areas, this is crucial to prevent unfair dismissal, with access to local institutions such as the District Court of The Hague (district) and the Juridisch Loket Delft.
In this article, we explain what urgent cause assessment entails, when it applies, and what steps you can take in the Delft region. We add local examples and legal tips for practical application.
What does urgent cause assessment entail?
Urgent cause assessment is a lawfulness test by the cantonal judge or arbitrator in employment disputes. It checks the validity of summary dismissal. Such a dismissal is only permitted in the case of an urgent cause, such as gross negligence, theft or structural refusal to work. In Delft cases, the District Court of The Hague (district) often handles this efficiently.
The law requires that the employer had no reasonable term to resolve the problem, unless the severity precludes that. First, attempts at dialogue or mediation must be undertaken.
Legal basis
The core rules are set out in:
- Article 7:678 DCC: Summary dismissal requires an urgent cause.
- Article 7:679 DCC: Defines urgent causes, such as moral failure or unsuitability.
- Jurisprudence of the District Court of The Hague: Local rulings in Delft cases weigh circumstances heavily, with a focus on evidence.
When is there an urgent cause?
An urgent cause is urgent and intolerable for the continuation of employment. Examples from practice in Delft:
- Gross disciplinary offences: Fraud or serious breach of company rules.
- Theft or crimes: Stealing company property or from colleagues.
- Structural refusal to work: Repeatedly ignoring tasks without excuse.
- Aggression or threats: Violence against colleagues in a Delft work environment.
- Conflict of interest: Competitive activity alongside the job.
The employer must prove this with documents, witnesses or camera footage – a common stumbling block in regional cases.
Rights and obligations in assessment
Employee rights
After summary dismissal in Delft, you can:
- Initiate proceedings at the District Court of The Hague (cantonal court Delft): Within 4 weeks after dismissal.
- Assistance from Juridisch Loket Delft: Free advice and referral for mediation.
- Claim compensation: In case of unlawful dismissal, wages and damages via the court.
Act quickly; deadlines are strict. The Juridisch Loket Delft offers direct support.
Employer obligations
Employers must:
- Provide provable grounds for the dismissal.
- Have had no alternative solution possible.
- Inform the employee and provide opportunity to be heard.
Non-compliance leads to nullification, with possible reinstatement of employment or transition payment.
Practical examples from Delft practice
Example 1: A Delft employee stole tools; the District Court of The Hague ruled an urgent cause present due to camera footage, dismissal upheld.
Example 2: For repeated lateness without warning, the cantonal judge found no urgent cause, dismissal annulled – employee received wages until end of proceedings.
Tip for Delft: Contact Juridisch Loket Delft for free intake. For complex cases: specialised lawyers in the region.
Next steps in Delft
1. Gather evidence (emails, witnesses). 2. Report to Juridisch Loket Delft (Stationsplein 36). 3. File petition with District Court of The Hague, Delft location.
This way, you effectively protect your rights in the local context.