The fault justifying the early termination of a CDD must have been committed during the performance of this contract

An employee and her employer have signed three successive agreements. During the 3^e And finally, the employer found that the employee had committed several mistakes during the execution of the first two contracts. He therefore decided to early terminate the employee's last contract. The latter shall bring the matter before the court so that the early termination of 3^e CDD is declared illegal.

The Court of Appeal condemns the employer and finds the early termination of the contract to be abusive. It maintains that the misconduct alleged against the employee had been committed before the conclusion of 3^e CDD and no failure was found in the execution of the contract. The employer appealed to the Court of Cassation and contended that he was not aware of the misconduct until after the conclusion of the third^e CDD.

The Court of Cassation dismisses the appeal. It considers that the employer cannot justify the early termination of the CSD on the basis of misconduct committed during the performance of two previous contracts.

Thus, only serious misconduct committed during the performance of the current contract may justify its early termination.