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For the first time, a judge has dissolved an employment contract based on ground f: dismissal due to a serious conscientious objection causing the employee to refuse work. This ground for dismissal already existed in the law, but was successfully applied for the first time. It shows that less frequently used grounds can also succeed.
What is the f-ground?
Ground f is one of the statutory reasonable grounds for dismissal (Article 7:669, paragraph 3 of the Dutch Civil Code). It applies to an employee who refuses to perform the agreed work due to a serious conscientious objection, while modified work is not possible. This ground rarely occurs because such a situation does not arise often and is subject to strict scrutiny.
The scoop
Recently, a judge agreed for the first time to dissolution on the grounds of the f-ground. This confirms that this ground exists not only in theory but can also actually lead to dismissal if the conditions are met. It is a notable development in employment law.
When can the f-ground succeed?
For a successful appeal, there must be a genuine and serious conscientious objection to the work, not merely a refusal to work or a labor dispute. Furthermore, as an employer, you must have investigated whether the employee can indeed be deployed in an adapted capacity. Only if that is not possible does dismissal come into play.
Choose the right soil and route
Which grounds for dismissal apply depends on the situation. A conscientious objection is different from poor performance, culpable conduct, or a strained relationship. A thorough analysis and substantiation are crucial; often, a settlement agreement remains the calmest route.
Frequently Asked Questions
What is the f-ground for dismissal?
Dismissal due to refusal to work based on a serious conscientious objection, while modified work is not possible (Article 7:669 paragraph 3 of the Dutch Civil Code).
Is ordinary refusal to work a conscientious objection?
No. There must be a genuine and serious conscientious objection, not a labor dispute or ordinary refusal.
What should I investigate first?
Whether the employee can be deployed in an adapted capacity. Only if that is not possible does dismissal on the grounds of f come into play.
Substantiate a dismissal properly?
Our legal experts and lawyers select the appropriate grounds and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
