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A zero-tolerance policy can justify dismissal, even for a minor offense (a 'petty crime'). However, it does not always succeed: the judge weighs the policy against the employee's personal circumstances and the consequences of the dismissal. A consistent policy, communicated in advance, is crucial in this regard.
What is a petty crime?
A petty offense is an offense that is minor in itself, such as taking a product of low value or incorrectly recording a small transaction. The value is low, but the conduct can still be serious because it damages trust — especially with a strict, pre-communicated zero-tolerance policy.
Can a minor offense lead to dismissal?
Yes, summary dismissal is also possible for a minor offense. The decisive factor is not the value, but the breach of trust and the clarity of your policy. If you have clearly communicated zero tolerance and applied it consistently, you are in a stronger position.
Why it can still fail
The judge always takes personal circumstances into account: a long and flawless employment record, age, and the far-reaching consequences of summary dismissal (no unemployment benefits, no transition payment). Sometimes the judge rules that dismissal is too severe a sanction for a minor offense, despite the policy.
This way you stand strong
Clearly establish a zero-tolerance policy in your employee handbook, communicate it demonstrably, and apply it consistently and immediately. Respond to an incident without delay and with due care. If you have doubts about whether summary dismissal will stand up in court, choose a safer route.
Frequently Asked Questions
Can I fire someone for a minor offense?
Yes, even immediate dismissal, if trust has been seriously damaged and you maintain a clear, consistent zero-tolerance policy. The judge will, however, take the circumstances into account.
Why can such a dismissal be overturned?
Because personal circumstances and the severe consequences of summary dismissal are taken into account. Sometimes it is too harsh a sanction.
How do I make my policy strong?
Document it in the employee handbook, communicate it demonstrably, and apply it consistently and immediately.
Want to properly manage your policy and dismissals?
Our legal experts establish policies in your employee handbook and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
