Chronicle e-ground: from unwillingness to dismissal, what's allowed? TvO 2020

An employer may terminate the employment contract on the basis of culpable acts or omissions of an employee, such that the employer cannot reasonably be required to allow the employment contract to continue, according to Section 7:669 (1) jo. (3) under e of the Civil Code. This so-called e-ground, like the other reasonable grounds for dismissal, is derived from the Dismissal Decree and the UWV Policy Rules, as they applied until July 1, 2015. An exception, of course, is the combination ground, which was added to Section 7:669(3) of the Civil Code as of January 1, 2020. In the old UWV Policy Rules, the current e-ground was described as an urgent reason-light. Summary dismissal is an extreme remedy and may only be used if the employer cannot reasonably be required to continue the employment contract, even during dissolution proceedings. According to the UWV Policy Rules, culpable acts or omissions do not have to be so serious as to justify summary dismissal, but they do have to justify termination of the employment contract in due course. This equation between the urgent reason and culpable acts or omissions is somewhat more nuanced, the Supreme Court (also recently) considered; in fact, culpability on the part of the employee is not a requirement for the existence of an urgent reason. (with Michelle Kind)