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A summary dismissal must take place without delay: you must act quickly upon discovering the urgent cause. 'Without delay' does not necessarily mean 'immediately': you may conduct a brief investigation and apply the principle of hearing both sides. However, if you delay too long, the option lapses and the dismissal will not stand.
Summary dismissal has drastic consequences
In the case of summary dismissal, the employment contract ends immediately, without the intervention of the subdistrict court, and you can stop paying wages immediately. Because the consequences for the employee are significant (no unemployment benefits, no transition payment), strict requirements apply — including the requirement that you act without delay.
Without delay, but investigation is permitted
You must proceed with dismissal as soon as the urgent reason is known. However, this does not have to happen literally at the same moment: you may take the time for a brief, expeditious investigation into exactly what happened, and for the opportunity for both sides to be heard. You may also consult internally or seek advice, provided you do not lose valuable time in doing so.
Waiting too long is fatal
If you wait too long — for example, by remaining inactive for days or delaying without reason — the court will rule that the dismissal was not given without delay. The dismissal will then not stand, with the consequence that you will have to continue paying wages and possibly reinstate the employee. Therefore, act quickly and carefully.
How do you act correctly?
Take immediate action upon discovery: conduct a prompt investigation, apply the principle of hearing both sides, and communicate the dismissal and the urgent reason clearly and without delay. Document the timeline and your steps so that you can demonstrate that you acted without delay.
Frequently Asked Questions
Do I have to dismiss you immediately?
Without delay, but not necessarily at the same moment. You may conduct a brief and expeditious investigation and apply the principle of hearing both sides.
How much time do I have?
There is no fixed time limit, but you must not lose valuable time. Waiting too long makes the dismissal contestable.
What if I am late?
In that case, the dismissal was not given without delay and does not stand, resulting in continued payment of wages or reinstatement.
Carefully arrange summary dismissal?
Our legal experts and lawyers guide you and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
