Continuous Work Nature Invalidates Fixed-Term Contract Justification

A worker, employed under a contract for a fixed term which had expired, was dismissed following the expiration, but claimed unlawful dismissal asserting the fixed-term nature of the contract was merely a façade for an indefinite contract, arguing that the work performed was permanent and essential to the employer's operations. The court of appeal upheld the dismissal, finding the fixed-term contract was validly concluded to meet a temporary need for specific work. The highest court quashed the decision, reasoning that even if the contract was initially validly fixed-term, the duration of the employment relationship must be assessed in light of the continuous and essential nature of the work performed for the employer's core activities, meaning the continuous need for the role invalidated the fixed-term justification and transformed it into an indefinite contract, thus rendering the subsequent dismissal without justification.