5 Golden Tips
- Conduct an Investigation
To determine whether dismissal with immediate effect is justified, you need to establish whether there is truly an urgent cause. Therefore, it is essential to investigate the facts and circumstances. If further investigation is required, you can suspend the employee during this process. Keep the employee informed about the investigation and communicate when you expect to provide the results.
- Have a Discussion
If issues come to light that could lead to dismissal with immediate effect, invite the employee for a so-called hearing. Aim to do this on the same day or at the latest by the next working day. During this meeting, you can ask the employee to share their side of the story. Conduct this discussion with, for example, a supervisor and an HR professional present. At the end of the meeting, you can outline the next steps, such as informing the employee of the measures to be taken later that day (after internal consultation) or whether further investigation will follow.
- Make the Right Judgment
Once the facts and circumstances are clear, you need to decide whether dismissal with immediate effect is an appropriate measure. Personal factors of the employee should also be considered, such as whether they are the primary breadwinner, how long they have been employed, and how they have performed during their employment. In practice, this decision can be challenging. We are happy to assist you with this assessment.
- Act Quickly and Carefully
One of the requirements for a valid dismissal with immediate effect is that it must be executed without delay. As soon as the employer becomes aware of the urgent cause, they must proceed with the dismissal. If you suspect an urgent cause, you should act immediately by engaging in a discussion with the employee and, if necessary, conducting an investigation.
- Document Everything
If you decide to dismiss the employee with immediate effect, you must communicate this in writing. This letter is an important piece of evidence in any potential legal proceedings. Clearly explain why you are proceeding with dismissal with immediate effect, and include details of the hearing with the employee. Additionally, any other discussions related to the dismissal should be documented in a discussion report.
Questions?
If you have further questions relating to dismissal with immediate effect, please contact Sietske Bos, attorney at law, Employment law, specialized in dismissal with immediate effect.
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