1 Aug, 2023 by Marianne Favre Moreillon

Termination with immediate effect in all its forms

1 Aug, 2023 by Marianne Favre Moreillon

Breach of trust, theft, misuse of the Internet, drunkenness at work, late arrivals, false stamps - these are all unacceptable behaviors that can lead to termination with immediate effect. However, its validity is subject to restrictive conditions.

As part of their duty of care and loyalty, employees must refrain from any behavior that could harm their employer's interests. Any breach of this duty risks breaking the bond of trust essential to the employment relationship and exposes the employee to immediate dismissal. In many situations, one or more warnings are necessary.

For termination with immediate effect to be permissible, the employer must have just cause. To determine the existence of just cause, all the circumstances of the case must be taken into account. Theft at the employer's expense, altercations, the consumption of alcohol or drugs at work, or abusive use of the Internet may, in some cases, justify termination with immediate effect.

This article covers the following topics:

  • breach of duty of care and loyalty
  • serious breaches by the employee
  • immediate dismissal
  • just cause
  • prior warning
  • theft to the detriment of the employer
  • altercations between employees
  • late arrivals that disrupt the smooth running of the company
  • consumption of alcohol and/or drugs at work
  • criminal offences committed by the employee
  • misuse of the Internet at work
  • false stamping

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