Law Firm
Case Number: 2017/12946
Decision Number: 2019/22061
“Judgment Text”
COURT: LABOR COURT
It has been requested that the decision rendered in the case between the parties be reviewed through an appeal by the plaintiff’s attorney, and it has been determined that the appeal was filed within the prescribed time limit. After hearing the report prepared by the investigating judge regarding the case file, the file was reviewed, the matter was discussed, and an assessment was made:
JUDICIAL DECISION
A) Summary of the Plaintiff’s Claim:
The plaintiff’s attorney stated that the plaintiff worked as a medical secretary at the defendant company’s hospital, that she wished to resign due to marriage but her request was denied, and that her employment contract was terminated with severance pay of at least 1,000 TL. She has been working for the past one and a half years with a net monthly salary of 100.00 TL, worked six days a week from 8:00 AM to 5:00 PM, continued working during religious and national holidays, and is claiming severance pay, notice pay, annual leave pay, wages, overtime pay, and official holiday pay, and requested that the defendant pay the compensation in cash.
B) Summary of the Defendant’s Response:
The defendant’s attorney claims that, despite having terminated the employment contract via a resignation letter on May 27, 2013 while working at the minimum wage, and despite having been the subject of numerous complaints and having received warnings, reprimands, and admonitions during the employment period, it was determined that he did not take money from the patient and handed it over to accounting; however, he claims he did so due to a lapse in attention.
Aware that he had committed this act and that his employment contract could be terminated for these reasons, he submitted a resignation letter on May 27, 2013, and requested the termination of his employment contract on June 11, 2013. He stated that this request was approved, but that he received a report after that date. The defendant argued that the work was performed in 2013, that he did not receive overtime or holiday pay, and that he used compensatory leave in lieu of such pay, and requested that the case be dismissed.
C) Summary of the Regional Court’s Decision:
Based on the evidence gathered and the expert report, the court decided to reject the claims for severance pay, wages, and monetary compensation, and to grant the other claims.
D) Appeal:
The plaintiff’s attorney filed an appeal against the decision.
E) Rationale:
1-
Based on the documents in the file, the evidence gathered, and the legal grounds upon which the decision is based, the plaintiff’s appeals outside the scope of the following paragraph are not valid.
2-
The plaintiff employee claimed that the employer terminated the employment contract without just cause and sought notice pay and severance pay; the defendant employer, however, relied on the plaintiff employee’s signed resignation.
The court rejected the plaintiff’s claim for severance pay on the grounds that he had resigned and left the workplace; however, no ruling—either favorable or unfavorable—was issued regarding the claim for notice pay.
According to the information and documents in the file, the plaintiff employee’s defense was filed on May 27, 2013, due to an erroneous procedure, and the following statement is included in the plaintiff employee’s defense: “On May 14, 2013, I checked in at the outpatient clinic instead of registering a patient named Miktat Koşgin.
I apologize for the mistake I made that day due to the heavy workload at the cashier’s desk and my distraction caused by the passing of my father-in-law. When the patient returned to our hospital on May 22, 2013, I processed the transaction to ensure my mistake was not repeated. On that day, I issued an invoice to the patient due to my mistake and paid the 35 TL fee myself. I also reported this to the accounting department.” In the resignation letter submitted by the plaintiff on the same date, it was stated that he would be leaving the workplace effective June 11, 2013.
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The plaintiff, the employee, claimed that his resignation was made under pressure and of his own volition, and the plaintiff’s witnesses also provided statements supporting this claim. Furthermore, the fact that the resignation letter was signed by the defendant employer on the same day the defense letter was received leads to the conclusion that the letter was obtained due to the alleged incident. Considering the plaintiff’s defense regarding the alleged unfair treatment, it is understood that there is no valid grounds for termination.
On the other hand, in the petition dated June 6, 2013, submitted by the plaintiff employee to the case file, it is alleged that he terminated his employment contract due to marriage while working at the workplace, and it is stated that this declaration must be considered binding for the plaintiff employee.
In the notice sent by the notary on June 13, 2013, the plaintiff stated that he had left the workplace due to marriage, and it is understood that the legal conditions for severance pay have been met.
The court should have rejected the notice pay claim and accepted the severance pay; however, the written rejection of the severance pay and the failure to render a decision—either positive or negative—regarding the notice pay were erroneous and warranted the reversal of the decision.
F) Conclusion:
On December 10, 2019, by unanimous decision, it was ruled that the appealed decision be subject to an EXCESSIVE fine and that the previously paid appeal fee be refunded to the relevant party upon request, for the reasons stated above.