The Constitutional Court decided on Thursday that it was not discriminatory for an employee in the private sector to be dismissed without being heard out by his bosses beforehand.
It is not discriminatory that a private employer is not obliged to hear an employee for serious dismissal, but the government, on the other hand, is still obliged to do so when dismissing civil servants, the Constitutional Court ruled on Thursday.
The Court had received a question on the matter from the French-speaking labour court in Brussels, after a private sector employee was fired for an urgent reason, and contested his dismissal.
A private sector employer who is considering dismissing an employee for an urgent reason is in principle not obliged to hear that employee out in advance. However, a government wishing to do the same must contact the under-fire civil servant before terminating his contract.
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This led the labour court to wonder whether applying a different judgment in the private sector was discriminatory, which the Constitutional Court judged not to be.
This is due to the so-called mandatory hearing, which obliges a government to hear the person out due to their obligation to fully be informed and protect the people involved, which has never been applied within the private sector. As a result, the Court concluded that the difference in treatment is reasonably justified.
