Facts
The appellant began working part-time for the respondent in September 1994. In November 1995, he became the respondent's main employee and worked an average of 157 hours per month in 1996. At the end of December 1996, the respondent announced a significant reduction in the appellant's working hours for January 1997, with his gross monthly salary suddenly dropping from over 4,000 francs to 332 francs. On 21 January 1997, the respondent informed the appellant that he could no longer provide the usual number of working hours. On 26 February 1997, the respondent terminated the employment contract effective the end of April 1997.Considerations
The DFC upheld the appellant's public law appeal. It considered that the on-call employment contract, which allows for a drastic reduction in the monthly volume of work, deprives the mandatory protection related to the notice period set out in Art. 335c CO. The respondent could not unilaterally and drastically reduce the appellant's workload without respecting the two-month notice…