Dismissal due to incompetence

Dismissal due to incompetence

You cannot be dismissed for incompetence without a specific reason. Your employer not only has to prove he frequently pointed out your incompetence but he is also obliged to improve your way of working by coaching. Furthermore, your employer is obliged to look for other suitable job opportunities if there is indeed a solid performance case.

Wrongful performance dismissal

In actual practice, the conditions above are often not (fully) met. Impressions concerning the way someone works can be good for years, whereas an employer may go for a dismissal after just one negative review. In other cases, an employee may be working in a new job for a short period of time without enough time to get acquainted with the job. If you are dismissed because of incompetence it is advisable to resist to your dismissal.

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Unfair dismissal

If your employer does not meet the requirements mentioned above, your dismissal for incompetence will not hold up in court and you will keep your job. If a cantonal judge may think parties do need to part ways, this will usually result in getting a higher compensation than normal.

Specialized legal advice

Sec Employment Lawyers can advise you in the negotiations on ending the employment contract and the compensation you will receive as well as assist you in the legal procedure.

Sec Employment Lawyers

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Charlotte Buijsman

Michiel Dekker

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