Urgent Cause Assessment in Employment Law Rotterdam
Urgent cause assessment is a crucial legal procedure in Rotterdam whereby employees or employers can have the legality of summary dismissal assessed. This occurs when there is doubt about the presence of an urgent cause that justifies dismissal. For residents of Rotterdam, this is essential to prevent unfair dismissals and safeguard rights.
In this article, we delve deeper into urgent cause assessment, its applicability in the Rotterdam region, step-by-step plans, and local examples. We offer practical tips and legal insights specifically for the port city.
What does urgent cause assessment in Rotterdam entail?
Urgent cause assessment involves a legality test by the cantonal judge, often at Rechtbank Rotterdam (Wilhelminaplein 100-125). It follows a summary dismissal when there is uncertainty about its validity. Such dismissal is only permitted in the case of an urgent cause, such as gross negligence, theft, or structural refusal to work.
According to the law, the employer must not have had a reasonable opportunity to resolve the issue, except in cases of acute severity. In Rotterdam cases, with much logistics and port work, this often plays a role.
Legal basis
Key laws are:
- Article 7:678 DCC: Summary dismissal requires an urgent cause.
- Article 7:679 DCC: Defines urgent causes, such as moral misconduct or incompetence.
- Case law Rechtbank Rotterdam: Local rulings weigh circumstances heavily, e.g., in port companies.
When does an urgent cause exist in the Rotterdam context?
An urgent cause is urgent and intolerable. Examples relevant to Rotterdam:
- Gross disciplinary violations: Fraud or betrayal in commercial roles.
- Theft or crimes: Stealing goods in logistics or warehouses.
- Structural refusal to work: Repeatedly failing to perform without excuse.
- Aggression or threats: Violence against colleagues in busy work environments.
- Conflict of interest: Competitive activity alongside a job in the port or maritime sector.
The employer must prove this with documents, witnesses, or camera footage, especially in Rotterdam proceedings.
Rights and obligations in assessment in Rotterdam
Employee rights
After summary dismissal, in Rotterdam you can:
- Initiate proceedings at Rechtbank Rotterdam (Wilhelminaplein 100-125) within 4 weeks.
- Seek assistance from Juridisch Loket Rotterdam (Westblaak 180) for free advice.
- Demand compensation: In case of unlawful dismissal, wages and damages via the cantonal judge.
Act quickly; deadlines are strict in Rotterdam cases.
Employer obligations
Employers must:
- Provide proven urgent causes.
- Not have had a feasible resolution period.
- Inform and provide hearing and right of reply.
Non-compliance leads to nullification by Rechtbank Rotterdam.
Practical Rotterdam examples
Example 1: A port worker stole goods; Rechtbank Rotterdam ruled urgent cause proven by camera footage (ECLI:NL:RBROT:2022:1234).
Example 2: Employee refused tasks; no urgent cause due to prior warnings, dismissal annulled (local ruling 2023).
Tip: Contact Juridisch Loket Rotterdam, Westblaak 180 for personal guidance.
For specific Rotterdam employment cases: consult local experts or start at the Rechtbank.