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About 40 percent of all dismissal requests are rejected by the court. That means that the majority are allocated and go through unhindered. However, before 1 July the acceptance rate was still between 70 and 90 percent. This highlights an essential difference in the ruling and its effect on the legal proceedings. Judges have become more critical, where they require more evidence that a dismissal must comply to. Only when this is fully achieved can the court assign a dismissal.
Upon dismissal for culpable acts an employee must be warned before, especially in writing, of their culpable behavior. If that is the case, a dismissal is assigned more often. The difference between culpable conduct or seriously culpable behavior is the transition cost. Every worker since July 1 is entitled to a transition allowance if the employee has been two years or more in service. This fee must be paid when an employees' culpable conduct has shown. If this is a serious case of culpable conduct, the employee loses his right to the transition allowance. The difference may therefore have financial consequences.
A dismissal is a reasonable point often made on the spot, but also often rejected. Approximately 65 percent of the issues surrounding dismissal are rejected by judges. According to van Gelderen, employers think there might be something too easy about this process. Judges will only in extreme cases reconsider their choice.