Deutsche Lufthansa AG v Kumpan – WLR Daily

Deutsche Lufthansa AG v Kumpan (Case C-109/09); [2011] WLR (D) 90

“Where an employee was first employed on a contract for an indefinite period and then subsequently employed by the same employer to carry out the same work on successive fixed-term contracts over a period of several years, clause 5(1) of the Framework Agreement on fixed-term work, which had the objective of preventing the abuse of the successive use of fixed-term contracts, had to be interpreted as meaning, in relation to the imposition of the final fixed-term contract, that according to the national law ‘a close objective connection with a previous employment contract of indefinite duration concluded with the same employer’ existed.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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