Summary dismissal

A summary dismissal is one that directly ends the relationship between the employer and the employee. The contract is terminated between one moment and the next. The condition for this type of dismissal is that the employer has very serious grounds for dismissal and it is communicated immediately and expressly to the employee that the contract is effectively and immediately terminated. It is not possible to allege other grounds afterwards.

The employer will prefer to provide the greatest possible number of reasons to justify the dismissal. This is not always wise, given that it does not reduce the possibility that the court will reject the dismissal but it actually increases it because the employer will have to prove all of the facts they are based on. The more facts, the more difficult it will be to prove them all. At the same time, it is quite understood that the employer, for his or her part, would like to include as many facts as possible to justify the dismissal. An employer wants to run the smallest number of risks and act convincingly in the defence of such a drastic dismissal. But in this way, the risk of frustrating the dismissal increases. It is crucial for the employer to confirm the summary dismissal with a registered letter.

In most cases, the employee will challenge the dismissal, alleging that there are no urgent serious grounds. To determine whether a summary dismissal is justified, the employer should take into account the personal circumstances of the employee, such as the duration of the employment, the way in which it was carried out, and the consequences of dismissal for this employee.

The legislation concerning summary dismissal is complex and difficult for most employers to handle. It is therefore recommended to get a qualified legal opinion before proceeding.

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