{"id":30353,"date":"2023-03-30T14:43:33","date_gmt":"2023-03-30T14:43:33","guid":{"rendered":"https:\/\/thelegalcompany.nl\/?p=30353"},"modified":"2026-09-02T16:46:42","modified_gmt":"2026-09-02T16:46:42","slug":"a-lying-cleaner-a-successful-summary-dismissal","status":"publish","type":"post","link":"https:\/\/thelegalcompany.nl\/en\/a-lying-cleaner-a-successful-summary-dismissal\/","title":{"rendered":"A lying cleaner: a successful summary dismissal"},"content":{"rendered":"

A cleaner requests leave, but books his holiday anyway without having received permission. After the booking, the supervisor informed the cleaner that he was not yet being given permission for the entire requested period. He was, however, given permission for part of it.<\/p>\n

The employee thought he was being clever. During the holiday, the employee reported sick and told the employer that no return flight to the Netherlands was available anymore. The employer immediately said it had questions about the sick leave and the return flight. A day later, the employer finally announced by letter that the employee was being summarily dismissed.<\/p>\n

For a successful reliance on summary dismissal under Sections 7:677 and 7:678 of the Dutch Civil Code, several statutory conditions must be met. The case described above is one in which all those conditions for a summary dismissal were met, District Court of Rotterdam (ECLI:NL:RBROT:2022:11249).<\/p>\n

The court rules that the employee could simply have returned to the Netherlands, because return flights were in fact available. Because the employee did not return to the Netherlands, even though this was actually possible both medically and practically… The employee also lied about his possible return to the Netherlands. The employee’s position that he should have been given a hearing does not hold up here. The employer had done enough, and the employee could have booked a return flight much earlier. As a result, the summary dismissal in this case was validly given, and the employee does not receive a transition payment!<\/p>\n

Masterclass Summary dismissal: the pitfalls and lessons!<\/strong><\/h4>\n

Summary dismissal is a drastic legal remedy that employers cannot simply use at will. There are therefore many pitfalls with this way of ending an employment relationship. Because what do you, as an employer, need to have properly arranged? What are the conditions for a summary dismissal? What is an urgent cause? What can an employee raise against it?<\/p>\n

On 13 April 2023, The Legal Company is organising a breakfast session, ‘Summary dismissal: the pitfalls and lessons!<\/a>‘, in which all the legal aspects of summary dismissal are discussed using practical examples, including the case referred to above.<\/p>\n

Who is this masterclass for?<\/strong><\/h4>\n