The employee is employed since July 1, 2015. The employment contract is concluded for a period of one year. The employer informed the employee of the instant dismissal with a WhatsApp message on June 2, 2016. On this date, the employer also sent a letter via registered and regular mail confirming the dismissal. The employee has filed a petition requesting the court to – among others – annul the termination of his employment. His claim is based on the ground that (i) the dismissal is not given instantly and (ii) he denies that he has used narcotics on June 2, 2016. During the court hearing the employee confirmed that he received the WhatsApp message on June 2, 2016 stating that he is instantly dismissed due to the use of a joint during working hours. Because of that, the Subdistrict Court ruled that the dismissal is given instantly as a result of which the question whether or not copies of the letter sent by registered and regular mail are received by the employee – which the employee disputes – may remain unanswered. However, as the employer has explained the reason of the instant dismissal insufficiently, the request for annulment of the termination is assigned. In practice, please note that because an instant dismissal has a far-reaching effect to an employee (e.g. the employee is not entitled to unemployment benefits), the formal requirements for such dismissal are very strict.
Netherlands