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With the i-ground (the cumulative ground), you can dismiss an employee if multiple grounds for dismissal that are insufficient on their own combine to constitute reasonable grounds. The judge may, however, award additional compensation of up to half of the transition payment.
What is the i-ground?
Since 2020, the law recognizes the cumulative ground (Article 7:669, paragraph 3, sub i of the Dutch Civil Code). This allows you to request dissolution based on a combination of grounds — for example, poor performance plus a strained working relationship — which individually are not quite sufficient, but together constitute a reasonable ground for dismissal.
The price of the i-land
If the dismissal based on the i-ground is successful, the judge may award additional compensation of up to 50% of the transition payment, alongside that payment. The cumulative ground is therefore not a free route: a well-substantiated case file remains necessary.
Substructure each plot separately
The judge assesses whether the combined grounds are sufficient together. You must therefore substantiate each ground separately and demonstrate why continuation cannot reasonably be expected. A messy file — multiple half-finished grounds — leads to rejection.
When do you choose the i-ground?
The i-ground is intended for difficult situations where a combination of circumstances makes cooperation impossible. Often, a settlement agreement (termination by mutual consent) is a calmer and more secure alternative.
Frequently Asked Questions
What is the extra cost of the i-ground?
The judge may award additional compensation of up to 50% of the transition payment, on top of the transition payment. Furthermore, you run the risk of rejection in the event of a weak case file.
Am I allowed to simply stack multiple grounds?
You may combine lands, but each land must be substantiated separately. An arbitrary stacking of weak lands will not hold up.
Is a settlement agreement an alternative?
Often, yes. Dismissal by mutual consent offers more certainty and avoids legal proceedings. Have the assessment made based on your file.
A dismissal case that holds up?
Our legal experts and lawyers review your case and choose the best course of action, or draft a settlement agreement . View our employment lawteam or schedule a free consultation.
