9. Legal Department
Base Number: 2017/12946
Decision Number: 2019/22061
“Case Law Text”
COURT :EMPLOYMENT TRIBUNAL
As a result of the case between the parties, the decision was requested by the attorney of the plaintiff to examine the appeal, and it became clear that the appeal requests were decidedly pending. After hearing the report issued by the examination Judge for the case file, the file was examined, the need was discussed and considered:
SUPREME COURT DECISION
A) Summary Of The Plaintiff’s Request:
Attorney of the plaintiff, his client worked as a medical secretary at the hospital owned by the defendant company, although he wanted to leave his job due to marriage, his request was not accepted, but after the end of his report, the contract of employment was terminated, the last TL 1,000. he worked for a net fee of TL 100.00 per month for the past year and a half. November November decommissioning, notice compensation, annual leave fee, wage, overwork fee, general holiday fee and cash compensation from the defendant, claiming that he worked six days a week between 08:00 am and 17:00 pm, and continued working on religious and national holidays.
B) Summary Of Respondent’s Response:
While working for minimum wage on employment, the plaintiff’s attorney defendant’s cracked 27.05.2013 himself with resignation, was complaining about many times during her tenure, and that his warning, reprimand and warning that was issued tickets, and even patients taking money from accounting did not deliver determined that, although declared that it did because of absence, 27.05.2013 employment can be terminated for reasons of employment, because she knows that by giving himself on a letter of resignation and demanded that it be terminated on 11.06.2013, and is seen to fit this demand, but the report has been received after this date and therefore the output of the process that is done on 21.06.2013 following the date of the report, and that this work does not have the will to work overtime and holidays compensated for use permission, arguing for a dismissal has asked.
C) Summary Of Local Court Decision
Based on the collected evidence and expert report, the court decided to accept other claims for the refusal of severance pay, wages and November compensation.
D) Appeal:
The plaintiff’s attorney appealed the decision.
E) Justification:
1-according to the articles in the file, the evidence collected and the legal reasons on which the decision is based, the plaintiff’s Appeals, which are outside the scope of the following bend, are not in place.
2-the plaintiff employee made requests for notice and severance pay, claiming that the employment contract was terminated by the employer without justifiable reason, the defendant employer based the resignation bearing the signature of the plaintiff employee.
The court decided to reject the request for severance pay on the grounds that the plaintiff had left the workplace by resigning, and no positive or negative provisions were established in terms of notice compensation.
According to the information and documents in the file, the defense of the plaintiff worker was taken on 27.05.2013 due to improper operation, in the defense of the plaintiff worker “on 14.05.2013 Miktat Koşgin patient I made a check entry where I will enter the outpatient clinic. I apologize for the mistake I made, because of the intensity of the teller that day and the fact that my head was distracted by the death of my wife’s father. My mistake will not happen again, when the patient applied to our hospital again on 22.05.2013, I received the procedure. I billed the patient that day and paid the TL 35 fee myself because of my mistake. I’ve reported this to accounting.” was found in the form of a statement. In the resignation petition filed by the plaintiff on the same date, it is stated that he will leave the workplace as of 11.06.2013. The plaintiff argued that his resignation was a result of pressure and was based on will mischief, and the plaintiff’s witnesses made statements supporting the claim in this direction. At the same time, the petition of resignation was signed by the defendant employer on the day of receipt of the defense letter, which leads to the conclusion that the petition was taken due to the alleged incident. It is also understood that there are no justifiable reasons for termination, given the plaintiff’s defense of the alleged wrongdoing.
On the other hand, the plaintiff’s petition dated 06.06.2013 submitted to the file stated that he had terminated the employment contract due to marriage while he was working in the workplace, and this declaration should be considered binding from the point of view of the plaintiff’s employee. The plaintiff stated in the notice sent by notary public on 13.06.2013 that he had left the workplace due to marriage and it is understood that the legal conditions of severance pay were formed.
While the court had to decide on the refusal of notice compensation and the acceptance of severance pay, the failure to make a positive and negative decision on the denial of severance pay and the notice compensation in writing was wrong and required to be overturned.
F) Result:
It was unanimously decided on 10/12/2019 to overturn the appeal decision due to the above written reason and to return the appeal fee received in advance to the interested party on request.
