Both parties may terminate the employment contract with immediate effect for ‘urgent reasons’. The reason, or reasons, for the dismissal must be specified immediately.
Examples of ‘urgent reasons’ include: theft, refusal to work, misrepresentation on a job application or grossly neglecting duties in any other way.
The validity of a summary dismissal depends on: the seriousness and nature of the circumstances leading to the dismissal and the personal circumstances of the employee. When summarily dismissing an employee the employer should be aware that – if the employee disputes the dismissal – the employer will be required to prove that the immediate dismissal was justified.
In the event that the employment contract is terminated with immediate effect , the employer may be obliged to pay a transition payment and/or severance pay if the dismissal cannot be justified. Click here for more information about the transition payment.
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