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Summary dismissal often fails due to procedural errors. There must be an urgent reason, which you communicate without delay and which is perfectly clear to the employee. An unclear or belated reason makes the dismissal challengeable — with major consequences.
Summary dismissal requires an urgent reason
You may only dismiss an employee summarily if there is an urgent reason: conduct so serious that it cannot reasonably be expected of you to allow the employment relationship to continue, such as theft or refusal to work. The bar is set high, and the court applies strict scrutiny.
The reason must be immediate and clear
You must proceed to dismissal without delay — that is, immediately upon discovery and after any brief investigation and hearing both sides — and communicate the reason. The urgent reason must be perfectly clear to the employee; there must be no doubt as to why he is being dismissed.
Why you are documenting it in writing
In theory, the reason does not need to be in writing, provided it is absolutely clear. In practice, however, you always clearly document the urgent reason in a letter of dismissal as proof. A vague, incomplete, or subsequently modified reason can invalidate the dismissal: in principle, you cannot change the grounds later.
The consequences of an error
If the summary dismissal does not hold up, the employee can claim wages and demand reinstatement or fair compensation. A formal error in the dismissal letter is therefore costly. Therefore, have the letter and the procedure checked in advance.
Frequently Asked Questions
Must summary dismissal be in writing?
Strictly speaking, no, provided the reason is perfectly clear. In practice, you always record the urgent reason in writing as evidence.
What does "without delay" mean?
Immediately upon discovery, following any brief investigation and the hearing of both sides. If you wait too long, the urgent cause lapses.
Can I change the reason for dismissal later?
In principle, no. The communicated urgent reason is established; a subsequent change makes the dismissal challengeable.
A dismissal that holds up?
Our legal experts and lawyers assess the situation and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
