Summary Dismissal: Legal Advice

Questioner

Good day I have a question, my daughter has been fired from her employer because my daughter is accused of going to her graduation ceremony instead of going to work. While she had also indicated that she was only available on Friday and Sunday. And because it was a promotion week, she was scheduled on a Wednesday evening (without consultation), as soon as she saw this, she immediately indicated that she could not work because of her diploma ceremony. Unfortunately, there was no one who could take over her shift and because she preferred to present her diploma, she was charged with refusing to work and was dismissed via WhatsApp. It involved a part-time job at a well-known pizza shop. Please advise if this is allowed.

Lawyer

An employer must have a valid reason for dismissal. In addition, it concerns a temporary contract. Since this concerns summary dismissal, this can only occur in the event of repeated or serious misconduct, such as theft, fraud, use of violence, etc. But consistently arriving late can also ultimately be a reason for summary dismissal. In your case, this is not the case. The court in Amsterdam recently ruled that a WhatsApp message from the employer to the employee with a notice of dismissal may be interpreted as a notice within the meaning of article 7:668 BW. If you wish, you may contact me directly.

Lawyer

Based on your story, the dismissal is probably not legally valid. Groenewegen rightly states that a dismissal via a WhatsApp message may/can also be done. When assessing a reason for dismissal, only the stated reason needs to be taken into account. WhatsApp messages are often short, so it is very possible that this message/dismissal can also be challenged for that reason. When assessing the (un)foundedness of a dismissal (on the spot), all circumstances of the case must be taken into account. I therefore advise you or your daughter to contact a specialized lawyer (member of a specialist association) as soon as possible. She will probably be eligible for legal aid, so that the costs do not have to be a problem.