Instant dismissal

Instant dismissal is without doubt the type of dismissal which has the greatest impact. After all in the case of a (properly conducted) instant dismissal, the employment contract ends immediately. In principle if you as an employee are to blame for your instant dismissal you lose your right to unemployment pay (“werkloosheidsuitkering”). If the instant dismissal can be attributed to your blame or deliberate act, your employer can also make a claim against you for compensation for damages.

Due to the major consequences of instant dismissal this type of dismissal is the subject of strict rules. In essence these rules boil down to the following:  

• There must be a so-called urgent reason (“dringende reden”). This means that you as an employee must have done  
  something very serious, such as refusing to work or theft;
• Once this urgent reason has been identified by the employer, dismissal must take place immediately;
• At the time of dismissal the employer must immediately state exactly what the urgent reason for instant dismissal is.

Frequently an instant dismissal is not valid
In many cases the instant dismissal does not follow the rules stated above. In that case you can contest the dismissal in court. In general this must take place within two months of dismissal. However if you no longer feel that you will return to your employer, you can also opt for a claim for compensation for damages from your former employer.

Take action quickly!
If you have been the subject of instant dismissal it is important that you take action quickly. In that case you should engage the services of an attorney specialised in dismissal law immediately.
 
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