The WWZ states that an employee is not entitled to a transition allowance if he has acted with serious culpability. In a recent ruling by the Supreme Court, it concerned an employee who was dismissed with immediate effect. That can only happen if there is an ‘urgent reason’. The employer therefore considered that he had acted culpably and therefore was not entitled to the transition allowance.
According to the Supreme Court, however, an employee dismissed immediately may still be entitled to the transition allowance. For establishing a valid urgent reason, it is not required that the employee’s behavior can be blamed. Therefore, if the judge believes there is a valid urgent reason for immediate dismissal, he must separately assess the employee’s claim to the transition allowance.
