The employer has had enough after 22 instances of tardiness
In a case recently brought before the Limburg District Court, a female truck driver went to great lengths: in approximately three months, she was late for work no fewer than 22 times and did not show up at all on several occasions. The employer ultimately resorted to the most severe measure available under Dutch employment law: summary dismissal. Read on to find out whether this was upheld by the subdistrict court.
What was the case about?
On 12 December 2024, the employee started working as a truck driver for a transport company in Venlo. She had a one-year contract. However, the collaboration did not last that long: she was summarily dismissed on 3 March 2025. The reason? During those few months, the employee was systematically late for work, 22 times to be precise. These were not just a few minutes late, but ranged from 15 minutes to 3.5 hours. On a number of occasions, she did not show up at all. The employer found this unacceptable, which is why the employee was ultimately dismissed with immediate effect.
The employee ultimately accepted the summary dismissal, but argued that this dismissal was invalid because it had not been given “without delay” (in Dutch: “onverwijld"). She also claimed that she had not received an official warning or a final warning. Among other things, she claimed her salary for the notice period, the transition allowance and a fair compensation of €16,950 gross.
What did the subdistrict court rule?
The subdistrict court did not agree with the employee: the summary dismissal was justified, as the frequent lateness constituted an “urgent cause” for dismissal. Furthermore, the summary dismissal was indeed given in time (“without delay”). The employee acted seriously culpably by arriving late for work so often and without valid reason. The employee's claims were therefore dismissed.
You can read the full judgment here.
Conclusion
Summary dismissal is a serious measure, but there are certainly cases in which we, as employment lawyers, advise using it. The case just discussed would be an example of this. It is important for employers to consult with us in advance about the approach, because if summary dismissal is wrongfully given, it will come at a high price for employers.
We would like to give employees the following advice: if you are faced with summary dismissal, seek legal assistance immediately, because you only have two months to bring the case before the subdistrict court. This time is usually needed to try to reach an amicable settlement with the employer. The employment lawyers at SPEE advocaten & mediation are happy to assist you.