Dismissal of NLW director not justified
21 June 2025
The former director of social employment agency NLW was dismissed summarily last year after it emerged that he had used NLW funds to pay an invoice of €6,500 to a reputation management company. According to his successor, this was solely in Verkuylen's own interest and not that of the organisation. It is also alleged that Verkuylen had not been truthful about this to the new management.
Judge quashes dismissal over lack of speed
The sub-district court judge in Roermond overturned the dismissal on grounds of gross misconduct. According to the judge, the employer had waited too long to take this drastic measure. The law requires that dismissal on grounds of gross misconduct is given “without delay” – meaning immediately and without undue postponement – as soon as the urgent reason becomes known (Article 7:677(1) of the Dutch Civil Code).
Employers may take some time for investigation, but must act with due diligence and not waste time. In this case there was too much dithering, meaning the dismissal was declared invalid.
Urgent reason insufficiently substantiated
Furthermore, in the case of dismissal for gross misconduct, the employer must clearly and directly state the urgent reason. In this case, it could not be established that the director had actually acted with gross culpability. The judge therefore found the dismissal to be too severe and insufficiently substantiated as an *ultimum remedium*, the last resort in cases of serious misconduct.
Consequences for NLW and the director
The NLW must reimburse the director €1,655 in legal costs and does not have to repay the invoice from the reputation management company. The ruling underscores that employers, in cases of dismissal for gross misconduct, must not only have an urgent reason but also act swiftly and carefully.
Conclusion
Employers must act quickly and carefully when dismissing an employee summarily. Waiting too long can lead to the dismissal being declared invalid, as in this case at NLW. The reason for dismissal must also be sufficiently serious and must be communicated directly to the employee.