An employee hired on a DTA after completing 3 DTAs is dismissed during her probationary period. It challenges before the court the breach of the contract and requests the nullity of the trial period in view of the 3 CDDs it has previously executed.

The Court of Appeal dismissed the employee’s motion. For her, the first two CSDs (which took place in May and June) are not a continuation of the third^e CSD (which took place in August) and the subsequent CDI. According to the Court of Appeal, there is therefore no continuous employment relationship between the employee and her employer. It considers that the employer was still within the time limit for terminating the agreement.

The Court of Cassation quashes and quashes the decision of the Court of Appeal. According to her, the employee carried out her duties without any functional discontinuity. So she had the same employment relationship with the employer in the course of these various contracts.

The duration of the 3 CDDs should therefore be deducted from the trial period provided for by the CDI. Dismissal is abusive.