In the incident that will be the subject of the films, two friends who work as machine operators in the same factory, supposedly; He received a report from the same doctor at the hospital they went to and went on vacation. One of them shared his photo frame on his social media account with the note ‘Let us live, you will gossip’ on his social media account, as if to pay attention to his friends who sweated at the beginning of the work.
Enraged by the behavior of the two young workers, the workplace management asked the reported vacationers to defend themselves. The two friends who stated that they had gone to their hometown on the doctor’s recommendation for ‘fresh air’ were fired without compensation.
The dismissed workers who were heading to the Labor Court stated that they were unjustly expelled from the workplace where they had worked for more than 10 years. Alleging that severance pay and other labor claims were not paid, they demanded and sued for the collection of severance pay, notice pay, annual vacation pay, accounts receivable, overtime, weekend vacations, national holidays and general holidays of the defendant along with interest. The defendant employer stated that the plaintiffs “taking a break report and going on vacation means“ breach of trust. ”Explaining that the plaintiffs confessed that they went on vacation, the defendant argued that the employment contract was terminated for good cause due to abuse of employer trust and conduct that does not meet loyalty, and therefore may not be entitled to severance and notice pay.
THE COURT REJECTS THE APPLICANTS ‘APPLICATION
The court rejected the claims of the plaintiffs, who were fired without compensation. The plaintiffs made the decision to appeal. The Regional Court of Justice drew attention to the fact that the applicants’ work was not interrupted during the holidays and the reports were not false. It stated that the plaintiffs were entitled to severance pay and notice. When the defendant employer appealed the decision, the Supreme Court intervened.
JUDICIAL TERMINATION WITHOUT RIGHT TO DECISION OF INDEMNITY
The Ninth Law Office of the Supreme Court ruled that reported vacationers were unfair. The decision stated: “According to the information and documents in the file; It is clear that the plaintiff and his colleague wrote that they received a report from the same doctor and for the same reason on the same date, and that they went on tour with the plaintiff on the day it was reported from their friend’s social media. bill. It is clear that the plaintiff has abused the trust of the employer with this behavior, that his act is behavior that does not comply with the accuracy and loyalty required by law, and that the plaintiff’s trip is for tourist purposes. The plaintiff accepted this situation in his defense. Given this evidentiary situation, given that the termination by the defendant employer is based on just cause, the acceptance of compensation claims for dismissal and notice is erroneous. It was unanimously decided to annul the decision of the Regional Court of Justice ”.