Manifestly Unreasonable Dismissal, Reasons For Dismissal And Prior Hearing For Public Sector Contractual Workers

• Published date: 05 April 2024
• Subject Matter: Employment and HR, Contract of Employment, Unfair/ Wrongful Dismissal, Employee Rights/ Labour Relations
• Law Firm: Claeys & Engels
• Author: Claeys & Engels

On 29 February 2024, the Federal Parliament adopted the law on the reasons for dismissal and for manifestly unreasonable dismissals of public sector contractual workers. This law will come into force on 1 May 2024. After years of controversy in the case law, it finally establishes a clear legal framework for the application of manifestly unreasonable dismissal to public sector contractual workers. The law also regulates the issue of hearings prior to the dismissal of such workers.

Background

Since 1 April 2014, CLA no. 109, adopted in implementation of the single status act, has provided special rules applicable to private sector employers concerning the reasons for dismissal and manifestly unreasonable dismissal. The single status act provided for similar rules to be adopted for the public sector, but nothing had been passed by Parliament until now.

In order to remedy this shortcoming, the Constitutional Court, in a decision of 30 June 2016, invited the trial courts to apply CLA no. 109 by analogy in the event of the dismissal of a public sector contractual worker, in order to avoid any discrimination between workers in the private sector, who could claim compensation on the grounds of a manifestly unreasonable dismissal, and workers in the public sector, for whom no legal provision provided for this possibility.

A controversy in the case law ensued, with some courts accepting the Supreme Court's invitation and others refusing to apply CLA no. 109 by analogy.

The law of 29 February 2024 and its scope of application

The legislator finally put an end to this controversy by adopting, on 29 February 2024, the law on the reasons for dismissal and manifestly unreasonable dismissal of contractual workers in the public sector, which will come into force on 1 May 2024.

This law applies to workers under employment contract whose employer does not fall within the scope of the law of 5 December 1968 on collective labour agreements and joint committees. This includes the majority of public employers.

As with CLA no. 109, this law does not apply to workers dismissed during the first six months of employment, during an interim contract, during a student employment contract and from the first day of the month following that in which the worker reaches statutory retirement age. Nor does it apply in the event of dismissal for urgent case where the employer is required to follow a special statutory dismissal procedure.

Prior hearing and communication of reasons for...