Urgent Cause Review in Employment Law around Zoetermeer
Urgent cause review is a legal procedure whereby an employee or employer can have it checked whether a summary dismissal was lawful. This occurs when there is doubt about the presence of an urgent cause that justifies the dismissal. For residents of Zoetermeer, this is crucial to challenge unfair dismissals at the local District Court of The Hague.
In this article, we dive into what urgent cause review exactly entails, when it comes into play, and how you can take steps in the Zoetermeer region. We provide examples, tips and local legal aids such as the Legal Aid Office Zoetermeer.
What does urgent cause review entail?
Urgent cause review concerns a lawfulness test by the cantonal judge, for example at the District Court of The Hague (district for Zoetermeer), or an arbitrator. It follows a summary dismissal if the validity is disputed. Such a dismissal is only permitted in the case of an urgent cause, such as gross negligence, theft or structural refusal to work.
According to the law, the employer must not have had reasonable time to resolve the problem. Attempts at dialogue or mediation are often required, except in cases of acute severity.
Legal basis
The core lies in:
- Article 7:678 DCC: Summary dismissal requires an urgent cause.
- Article 7:679 DCC: Defines urgent causes, such as moral misconduct or incompetence.
- Case law of the District Court of The Hague: Local rulings determine on a case-by-case basis what counts, taking into account specific circumstances in the region.
When does an urgent cause exist?
An urgent cause is urgent and intolerable for continuation of the employment relationship. Typical cases:
- Gross violations: Fraud, deception or serious breach of rules.
- Theft or criminality: Stealing company property or other offenses.
- Structural refusal to work: Repeatedly not working without excuse.
- Aggression or threats: Violence against colleagues or managers.
- Conflict of interest: Competing business alongside the job.
The employer must prove this with documents, witnesses or recordings – a weak point in many Zoetermeer cases.
Rights and obligations in review
Employee rights
After summary dismissal in Zoetermeer, you can:
- Initiate proceedings at the District Court of The Hague: Within 4 weeks after dismissal – the cantonal judge in The Hague handles this efficiently.
- Help via Legal Aid Office Zoetermeer: Free advice and referral for low incomes.
- Demand compensation: In case of unlawful dismissal, continued payment of wages plus transition payment.
Act quickly; deadlines are strict!
Employer obligations
Employers must:
- Provide solid evidence for the urgent cause.
- Not have ignored alternatives (except in extremes).
- Inform and provide opportunity to be heard.
Failure to comply leads to nullification, with retroactive effect.
Practical examples from the region
In a recent case at the District Court of The Hague (Zoetermeer case), a dismissal for alleged theft was declared invalid due to lack of evidence. Another employee won after refusal to work: the employer had given no warnings. Contact the Legal Aid Office Zoetermeer for personal advice at Stadhuisplein 1, Zoetermeer.
For urgent help: call the District Court of The Hague or visit the local Legal Aid Office.