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A forged diploma can justify summary dismissal, but only if the diploma is genuinely relevant to the position and you act without delay. Furthermore, as an employer, you have a duty to investigate.
When is summary dismissal possible?
Summary dismissal requires an urgent reason (Article 7:678 of the Dutch Civil Code), which must be communicated without delay. Lying about a diploma can be such a reason, but not every untruth counts: the lie must carry sufficient weight for the position. For a position where the diploma is a strict requirement, forgery carries significant weight.
The employer's duty to investigate
You may not simply rely on what an applicant submits. You are expected to verify diplomas and important data, especially for positions where education is crucial. If you have failed to do so, this could weigh against you in the event of a subsequent summary dismissal.
Act without delay
If you discover the falsification, you must act quickly. If you wait too long to dismiss the employee, the grounds for immediate dismissal lapse. However, first conduct a brief but thorough investigation and hear the employee; this is also part of a legally valid summary dismissal.
The risks of wrongful dismissal
If the summary dismissal does not hold up, it can cost you dearly: continued payment of wages, fair compensation, or reinstatement of the employment contract. Therefore, seek advice beforehand.
Frequently Asked Questions
Is a fake diploma always grounds for immediate dismissal?
No. The diploma must be essential for the position, and you must act without delay. For a position where the education is not relevant, the situation is more difficult.
What if I hadn't checked the diploma?
In that case, your duty to investigate may play a role. Dismissal is not impossible, but your negligence may be a factor. Have your position assessed.
Can I have the employment contract terminated instead?
Yes, dissolution via the court is often a safer route than summary dismissal. Which route is appropriate depends on the facts.
Are you unsure about summary dismissal?
Our legal experts and lawyers assess whether the dismissal holds up and choose the safest route. View the summary dismissal or our employment lawteam, or schedule a free consultation.
