A summary dismissal means that the employment relationship ends with immediate effect. This is different from an ordinary termination, where a period of notice applies as set by contract or law. Summary dismissal is reserved for the most serious contractual and/or duty breaches, and the violation must be of a particularly grave nature to justify summary dismissal instead of ordinary termination.
What is the difference between termination and dismissal? When can an employer lawfully choose dismissal instead of termination, and what rights does the employee have in such cases? Our employment lawyers explain this below and what we can assist you with.
Definition of “Summary Dismissal”
In an employment context, summary dismissal means that the employment ends immediately. The employee no longer has the right to perform work and must normally leave the workplace without delay. The employee also loses the right to salary after the date of dismissal, and the employer has no duty to pay wages beyond that point.
In contrast, when an employee is terminated, they are entitled to work during the notice period and receive salary during that time.
The employer’s right to summarily dismiss employees is regulated in Section 15-14 of the Norwegian Working Environment Act and, for public servants, in Section 26 of the Civil Servants Act, among others. The provisions do not regulate the employee’s right to resign with immediate effect, but it is clear that an employee may do so if the employer seriously breaches its obligations—such as failing to pay agreed wages.
The core of the definition appears in Section 15-14 (1) of the Working Environment Act, which states:
“An employer may summarily dismiss an employee with immediate effect if the employee has committed a gross breach of duty or other material breach of the employment contract.”
Suspension Before a Decision on Dismissal
If the employer suspects that an employee has committed actions that may justify dismissal, the employer may suspendthe employee while the matter is investigated. This requires a legitimate need for the employee to be removed from the workplace or denied access to systems or clients.
Suspension can be appropriate, for instance, when there is suspicion of embezzlement or other criminal acts, but the matter has not yet been sufficiently investigated to warrant dismissal or termination. The legal basis for suspension is found in Section 15-13 of the Working Environment Act.
The employee retains the right to salary during suspension, which should normally not last more than three months. Otherwise, the same rules regarding consultation meetings, formal requirements, and compensation apply as for dismissal or termination.
Given the potential financial liability that may arise from an unlawful dismissal, it is often prudent for the employer to suspend an employee while investigating, rather than proceeding directly to dismissal if the facts are uncertain.
When Can an Employer Use Summary Dismissal?
Summary dismissal is a severe reaction and is reserved for the most serious breaches of the employment contract or the employee’s duties. The legal threshold for dismissal to be considered lawful is higher than for ordinary termination.
To justify dismissal, there must normally be an immediate and pressing need for the employee to leave their position—typically to prevent ongoing criminal conduct or avoid harm to the employer’s property, interests, or staff.
Common examples of conduct that may justify summary dismissal include:
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Violence against colleagues
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Theft, fraud, or embezzlement
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Substance abuse at the workplace
Dismissal may also, in certain cases, be justified by “less serious” breaches—such as unauthorised absence, refusal to follow instructions, or serious breaches of safety regulations—but only if prior warnings and discussions have taken place.
There is no clear and consistent case law confirming that such conduct alone always warrants dismissal, so each case must be assessed individually and carefully.
The employer bears the burden of proof for the facts relied upon as grounds for dismissal.
Dismissal should always be weighed against termination. You can read more about employee rights in termination cases here.
Is a Warning Required Before Dismissal?
In ordinary termination cases, prior warnings can be important, as they show that the employee was given a chance to correct their behaviour. While not always a strict requirement, it is generally advisable.
In dismissal cases, the situation is often so serious that the employee must leave immediately. Therefore, prior warnings are usually not required. However, if similar incidents have been discussed with the employee previously, that may strengthen the employer’s position.
Is a Consultation Meeting Required Before Dismissal?
The Working Environment Act requires that a consultation meeting be held before termination, and this rule also applies to dismissal cases, cf. Sections 15-1 and 15-14.
That said, the requirement may be waived where the facts are undisputed and clearly justify dismissal. For example, if video surveillance shows clear evidence of embezzlement by an identified employee, the dismissal would not be invalid solely because a consultation meeting was not held.
However, such clear-cut situations are rare. As a general rule, a consultation meeting should be held whenever possible, though the threshold for omitting it is lower the greater the need for immediate termination of the employment.
Formal Requirements for Dismissal
The formal requirements for a dismissal letter are the same as for an ordinary termination letter, as stated in Section 15-4 of the Working Environment Act:
“(1) Notice of termination shall be given in writing.
(2) Notice from the employer shall be delivered personally or sent by registered mail to the employee’s stated address.
(3) The notice shall contain information about:
a) the employee’s right to request negotiations and bring legal action,
b) the right to remain in the position under Sections 17-3, 17-4 and 15-11,
c) applicable deadlines for negotiations, legal action, and continuation in position, and
d) who is the employer and proper defendant in a potential dispute.”
If requested, the employer must also state in writing the reasons for the dismissal.
In short:
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The dismissal must be in writing,
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Delivered personally or sent by registered mail,
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And must inform the employee of their rights and deadlines for appeal or legal proceedings.
Employers unfamiliar with this process should use standard dismissal templates and preferably seek legal advice to ensure all formalities are met.
Formal errors do not automatically make a dismissal invalid, but they can weaken the employer’s position if the case goes to court.
Legal Assistance in Dismissal Cases
Whether you are an employer considering dismissal or an employee who has received one, it is wise to seek assistance from a lawyer specialised in employment law.
For employers, proper legal evaluation ensures the process is compliant and that the threshold for dismissal is actually met. For employees, the key is to examine whether the dismissal is unlawful and, if necessary, challenge it.
The rules are complex, and the financial consequences of mistakes can be significant. Both parties benefit from having an employment lawyer assess their case.
Employees are also entitled to free legal aid (fri rettshjelp) on the same terms as in termination cases.
Read the norwegian version Avskjed
Contact Us
Contact Advokatfirmaet Verito AS today for a free initial assessment.
We assist both employers and employees in dismissal and termination matters — including case assessment, negotiations, documentation, and representation in court.
You can reach us by phone at 24 02 21 20, by email at post@verito.no, or through our contact form on the website.
Frequently Asked Questions
What happens when an employee is summarily dismissed?
When an employee is summarily dismissed, their right to perform work and to receive salary from the employer ceases immediately. The effect is instantaneous — that is, as soon as the employee is informed of the dismissal, their rights to work and pay are considered terminated.
What is the difference between dismissal and termination?
The main difference is that there is no notice period in a dismissal. The employee’s right to work and to receive pay ends immediately once the dismissal has been issued. Because of this, the legal threshold for dismissal is higher than for an ordinary termination.
What must a dismissal letter contain?
The formal requirements for a dismissal letter are the same as for a termination letter. This is regulated by Section 15-4 of the Norwegian Working Environment Act.
In short, the dismissal must be in writing and must clearly state the employee’s rights to negotiation, legal action, and continuation in position under the Act.
Can a dismissal be contested?
Yes. A dismissal can be challenged in the same way as a termination if the employee disagrees with its legality. In such cases, the employee may primarily claim compensation for financial loss resulting from an unlawful dismissal.
