MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
- Custom contracts, terms and conditions, and legal documents
- Budget-friendly and clear about the costs upfront
- Request a free consultation or a no-obligation quote
Since the introduction of the i-ground (cumulative ground), you can combine various grounds for dismissal if each individually is just short of being fully substantiated. However, not everything can be stacked: grounds must each be nearly complete, and an arbitrary combination will not hold up.
The grounds for dismissal and the i-ground
Anyone wishing to dismiss an employee must do so summarily or invoke a valid ground for dismissal. These grounds each have a letter, such as poor performance (ground d) or culpable conduct (ground e). The WAB added the ground i: this allows you to combine multiple grounds that are individually insufficiently substantiated.
Not every soil is suitable for accumulation
The i-ground is not a magic wand. The judge assesses whether the combined grounds together constitute a fully substantiated ground for dismissal. To this end, the individual grounds must each be sufficiently well-substantiated; a pile of weak or half-finished grounds does not result in a valid dismissal.
Substantiate each ground separately
If you wish to invoke the i-ground, build each ground separately with a solid case file. Demonstrate why continuation of the employment cannot reasonably be expected. A messy case file leads to rejection — and if the application is granted on the i-ground, the judge may award additional compensation.
Often, an arrangement is wiser
Because the i-ground offers no guarantee, termination by mutual consent via a settlement agreement is often calmer and more secure. Weigh the options based on your case file.
Frequently Asked Questions
Can I simply stack multiple grounds for dismissal?
No. The grounds must each already be largely substantiated; an arbitrary combination of weak grounds will not hold up.
What is the extra cost of the i-ground?
When awarding on the grounds of the i-ground, the judge may award additional compensation in addition to the transition payment.
Is a settlement agreement an alternative?
Often yes: it provides more certainty and avoids legal proceedings.
A dismissal case that holds up?
Our legal experts and lawyers review your case and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
