Urgent Cause Review in Employment Law in Amsterdam
Urgent cause review is a crucial legal procedure in Dutch employment law, whereby an employee or employer can have the legality of a summary dismissal assessed. This occurs when there is doubt about the presence of an urgent cause that justifies such immediate dismissal. For Amsterdammers, this is particularly relevant due to the many local cantonal judges and legal aid offices. It prevents unjustified dismissals and provides protection to both parties.
In this article, we delve deeper into the meaning of urgent cause review, the conditions for application, steps you can take in Amsterdam, plus local examples and legal tips tailored to the region.
What does urgent cause review entail?
Urgent cause review concerns a legality test by the cantonal judge or an arbitrator in employment disputes. It follows a summary dismissal if the validity thereof is contested. Such a dismissal is only permitted in the case of an urgent cause, such as gross negligence, theft or structural refusal to work. In Amsterdam, the Rechtbank Amsterdam (Parnassusweg 220) handles many of these cases efficiently.
According to the law, an employer may only proceed to summary dismissal if there was no reasonable time to resolve the problem through dialogue or mediation, except in acute emergency situations.
Legal basis
The core of urgent cause review lies in:
- Article 7:678 DCC: Summary dismissal requires an urgent cause.
- Article 7:679 DCC: Defines urgent causes, such as moral misconduct or incompetence.
- Case law in Amsterdam: Local rulings from the Rechtbank Amsterdam refine what exactly constitutes an urgent cause, taking specific circumstances into account.
When does something qualify as an urgent cause?
An urgent cause concerns an acute, intolerable situation. Typical examples in the Amsterdam context:
- Gross violations: Fraud, deception or flagrant breach of rules.
- Theft or crimes: Stealing company property or other serious offenses.
- Structural refusal to work: Repeatedly ignoring tasks without excuse.
- Aggression or threats: Violence against colleagues in a busy work environment.
- Conflict of interest: Competing business activities alongside the job, common in the dynamic Amsterdam economy.
The employer must prove this with documents, witness statements or camera footage – a strict requirement in Amsterdam cases.
Rights and obligations in review in Amsterdam
Rights of the employee
After summary dismissal, you can in Amsterdam:
- Proceed to the cantonal judge: File a request within 4 weeks at Rechtbank Amsterdam, Parnassusweg 220.
- Help from local agencies: Visit the Juridisch Loket Amsterdam (Vijzelstraat 77) for free advice or an arbitrator for mediation.
- Claim compensation: In the event of unlawful dismissal, claim arrears of wages, transition payment and damages.
Act quickly; the deadlines are short, but Amsterdam offices offer immediate support.
Obligations of the employer
Employers must demonstrate:
- Well-founded grounds for the dismissal.
- No alternative resolution time was possible.
- Transparent communication: Immediate notification with opportunity to be heard.
Non-compliance often leads to annulment of the dismissal by the Amsterdam judge.
Practical examples from Amsterdam
Example 1: A hospitality employee in the city center stole liquor stock. The Rechtbank Amsterdam ruled this an urgent cause, dismissal upheld.
Example 2: At a tech company, a developer refused tasks; no urgent cause due to lack of warnings – dismissal invalid, employee received wages until judgment.
Tip for Amsterdam: Contact Juridisch Loket Amsterdam (Vijzelstraat 77) for personal guidance. For hearings: Rechtbank Amsterdam, Parnassusweg 220.
Next steps
Consult an expert immediately. In Amsterdam, you are quickly helped via local channels.