Summary dismissal is a very drastic measure for both employers and employees. In a recent ruling by the Rotterdam subdistrict court, this was clearly evident. The case concerned an employee who performed her work from Turkey and was eventually summarily dismissed. But was this dismissal legally valid? The subdistrict court found that it was not and therefore nullified the dismissal.
The case: working from Turkey and communication problems
The employee joined call centre ‘Flair & Quality Rotterdam B.V’ on 1 February 2023. Her contract was extended in December 2023, with the employer agreeing that she could work from Turkey. However, in March 2024, the employee was told that her salary would be reduced if she continued to work from Turkey and that she should join the Turkish call centre. She was then summarily dismissed on 22 March 2024 on the grounds that she was staying in Turkey without permission and did not fulfil her obligations.
The reasons for summary dismissal
The employer gave three reasons for the summary dismissal: 1) the employee stubbornly refuses to follow reasonable orders and instructions, 2) she grossly neglected her obligations and 3) she deceived her employer about the real reasons for her stay in Turkey. The employer argued in this regard that the employee had actually gone to Turkey for her marriage and not for heart surgery, as she had previously stated.
The assessment of the subdistrict court: ultimum remedium and written substantiation
The subdistrict court emphasised that summary dismissal is an ultimum remedium and should only be applied in exceptional cases, given the far-reaching consequences for the employee. In this case, the judge ruled that the employer had failed to prove that the employee was staying in Turkey in violation of agreements, as nothing had been recorded in writing. In addition, the employer had failed to make clear agreements in advance about the period in which the employee had to be back in the Netherlands.
The court further ruled that the accusation of fraud could no longer be added to the summary dismissal, as this dismissal had already been granted in March and the employee was no longer employed by then.
What does this ruling mean for employers and employees?
This ruling emphasises that employers should exercise care when granting summary dismissal. Specific agreements should be put in writing and clearly communicated, especially in exceptional situations such as long-term working from home from abroad. Summary dismissal should be well-founded in all cases and it is not allowed to add additional reasons afterwards.
Do you have questions about summary dismissal and what it means for your situation? Feel free to contact our lawyers at SPEE advocaten & mediation.