Contesting Summary Dismissal in Rotterdam
A summary dismissal has major consequences for your income and career. As an employee in Rotterdam, you have options to contest this decision. This article explains exactly what steps you need to take.
When is a summary dismissal invalid?
A summary dismissal is only valid if three conditions are met:
- Urgent cause: There must be serious misconduct such as theft, fraud, violence, or refusal to work.
- Immediate dismissal: The dismissal must be given immediately after the employer becomes aware of the reason.
- Immediate communication: The reason must be communicated to you immediately.
If any of these conditions is missing, the dismissal may be voidable.
Step 1: Respond in writing immediately
Send a letter or email to your employer within 24 hours in which you:
- Protest against the dismissal
- Contest the validity of the dismissal
- Declare yourself available for work
- Claim continued payment of wages
Keep a copy of this letter. This is crucial evidence for any legal proceedings.
Step 2: File a petition with the subdistrict court
You have two months to file a petition with the subdistrict court. For residents of Rotterdam, this is the Rotterdam District Court. You can request:
- Annulment of the dismissal: You get your job back and wages will be paid.
- Fair compensation: Damages if the dismissal was seriously culpable on the employer's part.
- Transition payment: The statutory severance pay you would normally be entitled to.
Important: The two-month deadline is a strict limitation period. After this period, you can no longer contest the dismissal.
Step 3: Gather evidence
Collect all relevant documents and information:
- Your employment contract
- The dismissal letter
- Emails and WhatsApp messages about the incident
- Witness statements from colleagues
- Performance reviews and evaluations
- Any previous warnings
Common defenses
Depending on your situation, you can raise various defenses:
| Situation | Defense |
|---|---|
| No evidence of alleged misconduct | Contest the facts and request proof from the employer |
| Dismissal given days/weeks later | The dismissal was not given immediately |
| First offense without warning | The sanction is disproportionate |
| Personal circumstances | Your age, years of service, and personal situation must be considered |
What if you lose your case?
If the subdistrict court rules that the dismissal was valid, your employment contract ends on the dismissal date. You will then have:
- No entitlement to unemployment benefits (due to culpable unemployment)
- No entitlement to transition payment
- Possibly a liability for damages if you acted with serious culpability
Legal assistance in Rotterdam
Due to the short deadlines and complexity, it is advisable to seek legal help immediately. An employment lawyer in the Rijnmond region can:
- Assess the chances of your case
- Draft and file the petition
- Represent you at the Rotterdam District Court
- Negotiate a settlement
Do you have legal expenses insurance? Contact your insurer immediately. They can refer you to a specialized lawyer in the Rijnmond region.
Summary: your action points
- Protest in writing immediately against the dismissal
- Declare yourself available for work
- Gather all evidence
- Seek legal help within one week
- File a petition with the Rotterdam District Court within two months