Pursuant to Article 3 of CBA 109 on the obligation to provide reasons for dismissal, every dismissed employee has the right to be informed of the concrete reasons that led to his/her dismissal.
In practice:
- The employee has two months from the end of the contract to request, by registered letter, the specific reasons for his/her dismissal (Art. 4 CBA 109).
- The employer must respond, by registered letter, within two months of receiving the request (Art. 5 CBA 109).
Case law has clarified that the term concrete requires more than vague, impersonal, or stereotyped formulations. The reasons must be sufficiently precise and detailed to enable the employee to assess whether it is appropriate to challenge the dismissal.
If the employer fails to provide reasons within the prescribed time limit, or if the reasons given are not sufficiently concrete, he risks a financial penalty: the payment of a lump-sum civil indemnity equivalent to two weeks’ remuneration.
In a recent judgment of 10 December 2024, the Labour Court of Liège (Cour. Trav.. Liège, (Div. Namur) (ch 6A), 10 décembre 2024, RG: 2024/AN/5) ordered the employer to pay this indemnity. The reasons for dismissal had indeed been communicated within the legal time limit. However, the Court considered that the wording used – “the reason for dismissal is that you have not met the contractual performance requirements expected since the start of your employment” – was too general and insufficiently detailed.
Message to employers: be precise!
This ruling confirms that reasons for dismissal cannot be limited to a formulaic explanation. Employers must provide concrete, precise, and detailed facts. Failing this, they risk being ordered to pay an indemnity of two weeks’ remuneration for non-compliance with CBA 109.
Frédérique Gillet
Amal Akoudad
