Can an employer combine multiple incomplete dismissal grounds into one successful dismissal request?
In this episode of Littler Explains, Jasper Hoffstedde speaks with Dennis Veldhuizen and Wouter Heere about the Dutch Supreme Court’s recent ProFoto judgment, the first Supreme Court ruling on the so-called “cumulation ground” (the I ground).
The Dutch cumulation ground
The Dutch dismissal system is based on a closed system of dismissal grounds. Traditionally, employers had to fully substantiate one specific dismissal ground before dismissal could be granted. Since 2020, however, Dutch law also allows courts to combine multiple partially substantiated dismissal grounds into one cumulative dismissal ground: the I ground.
The ProFoto judgment
In this episode, we discuss how the Dutch Supreme Court applies the cumulation ground in practice. The case addresses important topics such as the employer’s redeployment obligation and the possibility for courts to award additional severance compensation. The judgment provides valuable guidance for employers navigating dismissal procedures in the Netherlands, particularly where no single dismissal ground is sufficient on its own.
What employers should take away
For employers, the ruling highlights the importance of carefully substantiating dismissal requests from the outset. Even in cases involving summary dismissal or culpable conduct, courts may still assess redeployment obligations and additional compensation under the cumulation ground. A well-prepared dismissal strategy — supported by clear documentation and practical reasoning — remains essential.
Listen to the full episode
Listen to the full episode of Littler Explains to discover how the Dutch Supreme Court applies the cumulation ground in practice, and what employers should consider when navigating complex dismissal cases in the Netherlands.
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