Dr. Evelyn Gabrys


Attorney

Certified Labour Law Specialist

Certified Inheritance Law Specialist



dismissal with immediate effect

dismissal with immediate effect

The dismissal can terminate the employment relationship with immediate effect, if the party has a good cause, i.e. the situation is unbearable so that it is impossible to continue the employment relationship until the end of the fixed-term contract or to the end of the notice period.

Some situations are recognised as good cause. Examples:
  • Criminal act against the employer such as fraud (e.g. pretending to be ill in order to get paid time off) or working for a competitor.
  • Even the strong suspicion of a criminal act or the violation of an important duty can justify a dismissal with immediate effect. However, the employer has to investigate the case fast and thoroughly and ask the employee for his statement.
Nevertheless, the dismissal with immediate effect can be invalid in such a situation due to the circumstances of the single case. The dismissal has to be necessary and reasonable. It is necessary if another reaction would not help (e.g. dismissal observing the notice period, warning). It is reasonable if the circumstances of the single case are considered.

The party has to give notice within two weeks after gaining knowledge of the facts which are the basis for the good cause. Otherwise its is obvious that the situation is not unbearable.

Nov 2019
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