NETHERLANDS ANTILLES LABOR LAW (V)
Termination for urgent cause
A party to an employment agreement may be confronted with an urgent situation in which he cannot reasonably be expected to continue the employment. If this situation is caused by the employee, the employer is entitled to terminate the employment agreement without notice and with immediate effect. No DDLA permit is required.
The law sets forth a number of examples of an urgent cause:
(a) Misleading or false statements made while applying for the job;
(b) Serious lack of competence in the performance of duties;
(c) Theft, fraud, or crimes involving a breach of trust;
(d) False statements damaging the employer’s reputation, intimidation;
(e) Intentional damaging of properties;
(f) Divulging trade or professional secrets;
(g) Gross negligence in the performance of duties.
The urgent cause must be material and must be communicated as soon as possible to the employee, preferably in writing. The urgent cause must be sufficiently urgent to warrant immediate and irrevocable termination. A delay before termination will be regarded as evidence that the cause was not urgent (although a brief delay of some days for the purpose of consulting a lawyer has been accepted by the Courts).
Karel Frielink
Attorney (Lawyer) / Partner
