TC
Supreme
law office
Number: 2014/17182
The verdict: 2014/21855
K. Date:25.6.2014
PAYING pay for severance pay, annual leave, overtime, week vacation, general vacation fees, the plaintiff has requested that a decision be made in order to pay the wage receivables.
The local court dismissed the case.
Although the plaintiff’s lawyer appealed during the sentencing period, after hearing the report prepared by the Examining Magistrate for the case file, the file was examined, discussed and evaluated if deemed necessary:
THE SUPREME COURT
A) Summary of the Claimant’s Request:
The plaintiff’s attorney requested that the defendant’s company officials unfairly hurt him in front of his friends on the grounds that he violated the employment contract in violation of the rules of morality and goodwill on 09/02/2011, using the right of termination in violation of the plaintiff’s honor and dignity rules, to terminate the employment contract, annual leave and severance pay, overtime, weekends and public holidays should be decided to collect from the defendant.
B) Summary of the Respondent’s Reply:
The defendant’s attorney claimed that the plaintiff’s employment contract was terminated by resigning unjustified and invalid unilateral will, the plaintiff did not fulfill the orders and instructions given to him, the manager did not attend the meeting for emergency response due to a fire in the branch’s electrical installation, continued the same attitude when asked the reason for his inability to attend the meeting, saying “this is not my job” and “if you need it”, maintaining that this behavior was not correct, saying that this was a justified reason for the plaintiff’s termination, a request for dismissal was made.
C) Summary of the Local Court Decision:
The court decided to dismiss the case by taking into account the collected evidence and the expert report.
D) Appeal:
The plaintiff has appealed the decision.
E) Justification:
1-According to the evidence collected from the articles in the file and the legal reasons on which the decision is based, the plaintiff’s appeals that fall outside the scope of the following paragraph are not appropriate.
2-It is a matter of dispute between the parties whether the employee Decertifies the employment contract in a way that touches his honor.
in accordance with paragraph (b) of paragraph (II) of Article 24 of the Labor Law No. 4857, if the employer insults the employee or one of his family members, commits an act of blasphemy, gropes, gives the employee the opportunity to terminate the employment contract for a justified reason. The fact that the words and behaviors that will damage the honor and dignity have been committed by the employer or the employer’s representative does not change the legal result. These actions do not have to constitute a crime according to the Turkish Criminal Code.
In the concrete case, the insult of the person in the position of the employee’s supervisor by calling the plaintiff employee “immoral” is a justified reason for termination from the employee’s point of view. For this reason, the plaintiff’s refusal of the severance pay request instead of accepting it was erroneous and should have been overturned.
F) The result:
It was decided unanimously on 25.06.2014 that the appealed decision should be OVERTURNED for the reason written above and that the appeal fee received in advance should be returned to the relevant person upon request.