Serious Breach of Duty: Summary Dismissal in Rotterdam

Serious breach of duty constitutes a crucial ground for summary dismissal under Dutch employment law, particularly relevant for employers and employees in the Rotterdam region. This article explains what this concept entails, the relevant legislation and the specific implications, including local legal resources at the Rechtbank Rotterdam (Wilhelminaplein 100-125) and the Juridisch Loket Rotterdam (Westblaak 180).

What Does Serious Breach of Duty Mean?

According to Article 7:678 of the Dutch Civil Code (BW), serious breach of duty qualifies as an urgent reason for immediate termination of the employment contract without notice period or transition payment. It concerns breaches of employment obligations by the employee that the employer can reasonably not be required to allow the contract to continue.

Statutory Basis: Article 7:678 BW

Paragraph 1 allows parties to terminate the agreement summarily in case of an urgent reason. Paragraph 2 defines this as circumstances that justify immediate termination. For employers, this concerns attributable violations by the employee, such as breach of duty.

Criteria for Summary Dismissal

Judges, including those at the Rechtbank Rotterdam, apply strict scrutiny:

1. Objective Severity

Assessed based on function, hierarchy, years of service, past performance and company culture in Rotterdam businesses such as in the port or logistics.

2. Attributability

The employee must have been able to foresee that the conduct was unacceptable.

3. Direct Link

The breach must make continuation of the employment relationship impossible.

4. Immediate Reaction

Dismissal must follow 'immediately' (art. 7:678 paragraph 3 BW), generally within days, with room for investigation. Cases at Rechtbank Rotterdam are handled quickly.

Typical Examples from Practice

Theft and Fraud

Theft, even of small amounts, often leads to dismissal, as confirmed by the Supreme Court (12 Feb. 1999, JAR 1999/59). In Rotterdam warehouses or shops, this is frequent.

Violence and Intimidation

Aggression towards colleagues or customers justifies immediate action, especially in the service sector.

Competition and Recidivism

Side activities with competitors, information leaks or repeated violations despite warnings constitute grounds. Structural refusal of assignments also counts.

Consequences and Procedure

For Employees

No notice period or compensation, plus risk of wage claim failing. Dismissal can be challenged at the district court Rechtbank Rotterdam (Wilhelminaplein 100-125). Free advice via Juridisch Loket Rotterdam (Westblaak 180).

For Employers

Must document facts properly. In case of invalid dismissal, reinstatement or compensation follows.

In Rotterdam cases, judges take local context into account, such as busy work environments. Always consult a specialist for personal advice.