Almost 40% of the dismissal requests submitted by employers based on culpable behaviour of the employee, is rejected.* Compared to other grounds for dismissal, that is not even a poor outcome. Often this is linked to the specific cases. However, this ground for dismissal is not assessed less strictly than the other grounds. On the contrary, courts critically evaluate whether a less severe measure (such as a warning) could have sufficed for an employer in the case at hand.
Ovidius has drawn up action plans that can be used by employers in order to enhance the chance that any dismissal request will be granted. If you are interested in receiving these action plans**, please contact Ovidius on
* Based on court decisions published at AR-updates up to and including 26 January 2016
