How do the grounds for dismissal work and how do I combine them?

To dismiss an employee, you need a reasonable ground for dismissal. The law recognizes a limited number of grounds, each with its own letter (a through i). You may only dismiss an employee if all the conditions of a ground have been met; with the i-ground, you can combine insufficient grounds under certain conditions.

The grounds for dismissal listed

The law lists, among others: business economic reasons (a), long-term incapacity for work (b), frequent absenteeism (c), poor performance (d), culpable conduct (e), conscientious objection (f), a disrupted employment relationship (g), other circumstances (h) and the cumulative ground (i). Separate conditions apply to each ground.

First, soil must be 'fully fertilized'

You can only dismiss an employee if you can demonstrate that all conditions for a ground have been met: the ground must be fully substantiated. In the case of poor performance, for example, this means that you have gone through an improvement plan. A partially substantiated ground will lead to dismissal.

Combine with the i-ground

Since the WAB, the i-ground allows you to combine multiple unsubstantiated grounds, such as poor performance plus a disrupted employment relationship. The judge assesses whether the grounds combined are sufficient. To do so, each must already be sufficiently substantiated; if the i-ground is awarded, additional compensation may follow.

Which route fits?

Dismissal for economic reasons and long-term disability are handled by the UWV; the other grounds are handled by the subdistrict court. Often, dismissal by mutual consent via a settlement agreement is calmer and more secure than legal proceedings.

Frequently Asked Questions

How many grounds for dismissal are there?

A limited number, with the letters a through i, each with its own conditions.

Can I combine lands?

With the i-grond, you can combine incomplete grounds, provided that each ground is already largely substantiated. The judge may then award additional compensation.

Who handles the dismissal?

Dismissal for economic reasons and long-term illness via the UWV, the other grounds via the subdistrict court, or by mutual agreement.

Substantiate a dismissal properly?

Our legal experts and lawyers select the right grounds and approach and draft a settlement agreement . View our employment lawteam or schedule a free consultation.