(Appeal number 3,925/2007): The claimant had entered into a fixed six month term employment contract with the employer including a 60 day trial period. Furthermore, the parties agreed to discontinue the trial period in the event of temporary incapacity. The company decided to terminate the contract on the basis that the probationary period was unsuccessful whilst the employee was on sick leave for temporary incapacity caused by general illness.
The main issue raised was whether the trial period was merely suspended or if the agreement instead implied a restriction to the employer's right to discontinue the employment contract during the suspension. The SC held that any extension to the trial period following illness did not restrict the employer's right to discontinue the contract.