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A summary dismissal can fail, even if all conditions appear to be met. Even in the case of a dismissal given without delay, the judge sometimes rules that the urgent cause is insufficient or that you delayed too long. The consequences of a wrongful dismissal are significant.
The strict conditions
Strict requirements apply to summary dismissal: there must be an urgent reason, you must proceed with the dismissal without delay, and communicate the reason without delay. At first glance, everything often seems to fit — and yet things can go wrong.
Noise 1: the urgent reason is not fully substantiated
The judge assesses whether the conduct genuinely constitutes grounds for immediate dismissal, taking into account the employee's personal circumstances, such as the length of service and the consequences of the dismissal. Conduct that is inherently reprehensible sometimes fails to carry sufficient weight, causing the dismissal to be overturned.
Noise 2: not without delay after all
The requirement of immediacy also remains a pitfall. If you waited too long after discovery — for example, due to extensive internal consultation without promptness — the court may rule that the dismissal was not given without delay. Some investigation and the right to be heard are permitted, but dawdling is not.
The consequences of an error
If the dismissal does not hold up, the employee can claim wages and demand reinstatement or equitable compensation, in addition to the transition payment. A failed summary dismissal is therefore expensive. Therefore, seek advice beforehand and act quickly but carefully.
Frequently Asked Questions
Can summary dismissal be overturned even if everything happened quickly?
Yes. Even in the case of prompt action, the judge may rule that the urgent cause is insufficient given the circumstances.
How quickly do I need to act?
Without delay: immediately upon discovery, after any brief investigation and the opportunity for rebuttal. Delaying too long renders the dismissal challengeable.
What does a failed dismissal cost?
Wages, possible reinstatement or fair compensation, and the transition payment. The costs can mount up considerably.
A dismissal that holds up?
Our legal experts and lawyers assess the situation and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
