T.C.
SUPREME
7. law office
MAIN NUMBER: 2014/15057
DECISION NO:2014/19544
DECISION DATE: 27.10.2014
> THE TESTIMONY OF THE PERSONS WHO HAVE FILED A LAWSUIT AGAINST THE EMPLOYER IS VALID FOR EACH OTHER.
LAWSUIT: The decision made as a result of the lawsuit between the parties is examined by the Court of Cassation, the plaintiff and the defendant Dec. Cement San.ve Tic. A.Sh. it was understood that the request for an appeal was requested by his deputies. The file was examined, interviewed as necessary.
DECISION: 1-) According to the articles in the file, the material evidence on which the judgment is based on the legal and legal grounds also adopted by our Department, and in particular, that there is no inaccuracy in the assessment of these evidence, the defendant Ç. Cement-San. and tic. A.Sh.all of the plaintiff’s appeals outside the scope of the following subparagraph are rejected,
2-) The plaintiff requested that some labor receivables be paid with severance and notice compensation due to the unfair termination of the employment contract by the employer while the defendant was working as a mixer operator at the workplace.
Defendant O. Cement-San. and tic. A.Sh. the other defendant is the other defendant that the plaintiff’s employment contract has been terminated by the other defendant company, that all the receivables that fall on him as the tender authority have been paid, that no enmity can be directed against him. Ready-Mixed Concrete Nak. Insh. Pet. Tumor. Hayv. Tour. Auto. Renown. and tic. A.Sh. they requested the dismissal of the case by arguing that the employment contract was terminated for a justifiable reason due to the end of the tender and that they did not have any receivables.
The court decided to partially accept the case on the grounds that the plaintiff’s employment contract was terminated by the plaintiff for a justified reason.
There are disputes between the parties on the issues of whether the employment contract was terminated by whom and for a Decently justified reason.
In the concrete case, the plaintiff claimed that the employment contract was terminated by the defendant without a just reason and that the wages were not paid and that they would receive labor compensation with severance and notification compensation. The expert who prepared the report in the file, submitted to the file and whose signature was not denied by the plaintiff dated 15.1.2013 and the defendant Ç. Cement-San. and tic. The anonymous company on the basis of a written petition of employment wages are being paid due to the fact that the right of termination and severance pay on 15.01.2013 pay to win or qualify for the plaintiff can claim reported that notice, the court dismissed the request for compensation in respect of this report. But the decision made is wrong.
The file includes the exact termination of the petition presented to the declaration of plaintiff’s precedent served like files in a letter of resignation dated by the plaintiff were 15/01/2013; where workers do not reflect the Real will of resignation, the fee will be paid by the employer upon being told that the receivables, it is written resignation by the employee, C.he is the defendant. Ltd. The statements of the plaintiff and defendant witnesses that the contract between Şti ended on Dec. 15/01/2013 Ç. A.Sh.’s post the answer in the defendants are taken into account at the date of expiry of the contract between the worker to resign without the benefit of legal, the job of workers collectively enacted the same files opened his own handwriting from his letter of resignation written with serial understood by the employer and the workers of employment of our court and quietly dissolved on the grounds that it was not unfair as the demands of severance pay accepted grounds for termination this decision and also to dairemizce onanar are finalized. In the face of this situation, the defendant of the plaintiff’s employment contract is O. Ready-Mixed Concrete Nak. Insh. Pet. Tumor. Hayv. Tour. Auto. San.ve Tic. A.Sh. since it is understood that it was terminated by the plaintiff without a just cause, the claimant’s claim for notification compensation should also be accepted, but its rejection is erroneous and is the reason for spoiling it.
3-) The witness heard by the plaintiff by the court regarding the claimant’s labor remuneration, Y. D.’s and Y. A.considering that the plaintiff and the witnesses testify to each other about overtime, that they are hostile to the defendant, their testimony cannot be respected, therefore, according to the defendant’s witness statements, it was decided to reject the plaintiff’s requests on the grounds that there is no overtime work, weekend work and general holiday work. The plaintiff and his witnesses are people who do the same job in the same workplace, have the same working conditions and are victims in the same way. Therefore, it is very natural that they have filed a lawsuit with the same demands. In fact, apart from these witnesses, all the workers working in the HEPP project in question have filed lawsuits with the same demands. This proves not only that their testimonies are invalid, but that they are experiencing the same difficulties. If these testimonies are not respected, the plaintiff has no chance of finding witnesses who know the workplace conditions. According to the general principles of labor law, the defendant must prove that the plaintiff has paid the wages he will receive. Plaintiff’s doing overtime, except national holidays and religious holidays, public holidays and week-worked during the holidays, but the defendant does not pay for it can be fixed with file scope (in terms of receivables, charge the plaintiff files the case as precedent the acceptance of the denial is incorrect while the cause of ruining it.
Then the appeals of the plaintiff’s attorney aimed at these aspects should be accepted and the decision should be overturned.
CONCLUSION: It was unanimously decided on 27.10.2014 to overturn the appealed decision for the reasons written above, to return the appeal fee received in advance to the plaintiff upon request, and to load the appeal fee written below to the defendant.
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