On 9 March 2026, the Belgian Court of Cassation held that where a municipal council has the power to hire and dismiss staff, it may delegate that dismissal power to the municipal executive college, and that delegation also covers dismissal for serious cause unless the delegation provides otherwise. The ruling is important for Belgian local authorities and other public sector employers because it clarifies the scope of delegated powers in employment matters, especially where an employee is dismissed with immediate effect for serious cause.
Background
The case arose from the dismissal for serious cause of a contractual employee by the municipal executive college of the City of Liège.
Under Article 35 of the Employment Contracts Act of 3 July 1978, either party may terminate an employment contract without notice for serious cause, defined as serious misconduct making any further professional collaboration immediately and definitively impossible.
The Court also referred to Article L.1213-1 of the Walloon Code of Local Democracy and Decentralisation, which provides that the municipal council appoints staff not otherwise governed by the Code and may delegate that power to the municipal executive college, subject to certain exceptions.
The Court’s decision
The employee argued that any delegation of dismissal powers had to be explicit and precise, and that a general delegation to hire and dismiss contractual staff did not automatically include the power to dismiss for serious cause.
The Court of Cassation rejects that argument. It holds that if the municipal council is competent to hire and dismiss personnel, it may delegate both powers to the municipal executive college.
Crucially, the Court added that a delegation to dismiss staff includes, in the absence of a contrary provision, the power to dismiss for serious cause.
The Court therefore upheld the lower court’s approach and dismissed the appeal.
Why this matters for the public (and private) sector
This judgment provides welcome clarity for municipalities and other local public employers operating under delegated decision-making structures.
There has been a discussion in the lower case law and doctrine for years, whether a general delegation to dismiss contractual employees suffices for a dismissal for serious cause. Some argued that this was not the case, as a dismissal for serious cause has more severe consequences for the employee than a normal dismissal. Others argued that a general delegation suffices, as this would include all forms of dismissals.
The Supreme Court now confirms that a delegation wording covering the hiring and dismissal of contractual staff will generally be read broadly enough to include summary dismissal for serious cause, unless the delegation instrument expressly limits that power.
The judgment can also have an impact in the private sector, as the decision-making powers are usually laid down in the statutes and often can be delegated to certain persons within the company. The ruling also confirms for private sector delegations that a general delegation to dismiss employees will suffice to dismiss employees for serious cause.
Link to: Text of the judgement Cass. 9 March 2026, S.25.0021.F
