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Gross Misconduct Dismissal Letter

Gross Misconduct Dismissal Letter Template for Switzerland

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Key Requirements PROMPT example:

Gross Misconduct Dismissal Letter

"I need a Gross Misconduct Dismissal Letter for a senior financial analyst who was found trading using confidential client information on January 15, 2025; the letter needs to reference our financial services compliance policies and Swiss regulatory requirements."

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Document background
The Gross Misconduct Dismissal Letter is a critical employment document used in Switzerland when an employer needs to terminate an employment contract immediately due to serious misconduct. It must comply with Article 337 of the Swiss Code of Obligations, which provides for immediate termination for 'good cause' when employment relationships cannot reasonably be expected to continue. The letter must clearly state the grounds for dismissal, provide specific details of the misconduct, and confirm the immediate termination of employment. It serves as both a formal notification to the employee and a legal document that may be scrutinized in potential employment tribunal proceedings. The document should be prepared with careful consideration of Swiss employment law requirements and should include all necessary elements to justify the serious step of immediate termination.
Suggested Sections

1. Header and Address Block: Company letterhead, date, employee's full name and address

2. Subject Line: Clear indication that this is a termination letter for gross misconduct

3. Opening Statement: Direct statement confirming immediate termination of employment due to gross misconduct

4. Details of Misconduct: Specific description of the incident(s) constituting gross misconduct, including dates and relevant details

5. Legal Basis: Reference to Article 337 of the Swiss Code of Obligations and any relevant employment contract provisions

6. Termination Details: Confirmation of the immediate effect of termination and last working day

7. Company Property: List of company property to be returned and process for return

8. Final Payment Information: Details of final salary, outstanding vacation pay, and any other financial settlements

9. Signature Block: Space for authorized signatory and company stamp

Optional Sections

1. Investigation Summary: Brief summary of the investigation process and findings, if an investigation was conducted

2. Previous Warnings: Reference to any relevant previous warnings or disciplinary actions, if applicable

3. Non-Compete Reminder: Reminder of any post-employment restrictions, if specified in the employment contract

4. Appeal Rights: Information about any internal appeal process, if company policy provides for this

5. Reference Policy: Information about future employment references, if company policy requires this to be addressed

6. Benefits Termination: Details about the termination of benefits, insurance coverage, etc., if applicable

Suggested Schedules

1. Evidence Summary: Summary of evidence supporting the gross misconduct allegation

2. Property Checklist: Detailed list of company property to be returned

3. Final Settlement Calculation: Breakdown of final payment including any deductions

4. Exit Procedure: Step-by-step process for the employee's final day and departure

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




















Clauses




















Relevant Industries

Banking and Financial Services

Manufacturing

Healthcare

Technology

Retail

Professional Services

Education

Hospitality

Construction

Transportation and Logistics

Pharmaceutical

Insurance

Telecommunications

Energy and Utilities

Media and Entertainment

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations Management

Employee Relations

Administration

Corporate Governance

Relevant Roles

Chief Executive Officer

Human Resources Director

HR Manager

Legal Counsel

Department Director

Line Manager

Company Secretary

Employee Relations Manager

HR Business Partner

Compliance Officer

General Manager

Operations Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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