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When may an employee be summarily dismissed?

Summary dismissal requires that the employee has grossly neglected their obligations towards the employer. The employment ends immediately, without notice.

What the source says

  • Section 18: summary dismissal may take place where the employee has grossly neglected their obligations.
  • Section 19: the notice shall be in writing and state how it may be challenged.
  • Section 30: advance notification shall be given to the employee and the union.

Source rows

For the employer · How the employer puts the question

Keep summary dismissal and dismissal for personal reasons apart, the threshold is materially higher.

For the employee · How the employee puts the question

The deadlines for challenging are short, note the date on the notice.

Leading rulings

  • C-341/05 Laval
    Court of Justice of the European Union · 2007-12-18

    Collective action for terms beyond the posting rules is assessed against the freedom to provide services.

    Official source

Next step

Read the substantive ground together with the procedural rule, formal defects are the most common failure.

All questions

The rows reproduce what the source says. They are not legal advice, and applying them to a specific case is the reader's or their counsel's decision.

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