Because unfairly giving the employee a negative performance rating allows him to face negative consequences in professional life, the trustee requires moral compensation in exchange for the employee’s damaged spiritual presence. You can look at the example Supreme Court decision.
9. Legal Department
Base Number: 2021/1317
Decision Number: 2021/5702
“Case Law Text”
Court: … 7. Legal Department
CASE TYPE: RECEIVABLES
Court: … 43. 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 was decisively 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
Summary Of Plaintiff Request:
The plaintiff’s Attorney, his client, the defendant in the bank 27.03.1989 started to work on, respectively, the System Operator, Assistant, Computer Operator, Assistant Chief service officer, worked as an assistant director working for a long time in different units of the bank, the defendant bank for the promotion examination system implements muvekkilin the exam in 2011, directing was found to apply to gain altitude, but they didn’t his name on the list when researching the subject in 2010, the title for the competence of the registry the top of the head “no” are not allowed to take the exam because of the opinion that the learned, on top of that … 14. 2011/443 basis of the Employment Court, filed a claim for cancellation by filing, first the request for cancellation by the court was rejected because the employee could not file a claim for cancellation for the registration note, appealed and the Supreme Court 9.Registration note by the legal department, seniority of the employee, as it will lead to changes in personal rights such as title and Promotion, It is decided to cancel the 2010 registration note of his client on the grounds that the decision was made by the Local Court on the basis of 2014/2036 and that the decision prevented the plaintiff from taking the promotion exam and was not based on objective principles, and the decision made by the Court of Cassation 9. 26.09.2016 Law Offices of day, 2016/1967 based on Decision No. 2016/16632 onanar determined with ref to the client application the plaintiff’s vocational and disgraced, the lives of victimization, mental and physical balance from the top to the bottom, and personal rights because of the nature of the trouble psikolojisin severe attack process, by claiming that the spiritual and the material would tear the surplus on the right, without prejudice to compensation from moral 100.000,00 TL, he demanded and sued the decision to burden the defendant with the legal interest to be processed from the date of the event, as well as the legal expense and power of attorney fee to be collected from the defendant.
Summary Of Respondent Response:
The defendant’s attorney requested that the case be dismissed, arguing that the plaintiff’s claims were unwarranted and that he did not have any material loss and that he did not suffer moral damage.
Summary Of First Instance Court Decision:
The court decided to partially accept the request for moral compensation and reject the request for material compensation on the grounds that the plaintiff was in a difficult situation against his business and social environment, that his professional … and reputation were damaged, that he suffered victimization, that he was damaged decisively, even though the negative record rating given to the plaintiff was later revoked.
Summary Of District Court Decision:
Regional Justice Court, ” the plaintiff by the defendant intentionally or not treated objectively the opinion that there is not sufficiency for the title of top what is reported is not evidence of” appeal the denial of the appeal on the grounds that the plaintiff’s attorney, of counsel for the defendant, it was decided upon the adoption of the principles of the appeal request.
Appeal Reference :
Representatives of the parties against the decision of the Court of First Instance have applied for a separate appeal.
The plaintiff’s attorney appealed the decision within the legal period.
1-according to the legal reasons on which the decision is based with the evidence collected in the articles in the file, the plaintiff’s Appeals, which are outside the scope of the following bend, are not in place.
2-in a concrete dispute, the plaintiff has filed a claim for material-moral compensation on the grounds that he was prevented from taking the exam for promotion to the post due to a negative record rating. Notes for cancellation filed by the plaintiff on the case of a negative assessment of the court of first instance ” the defendant that the plaintiff worked at the bank in time, Register the assessment of grades for the last ten years, the 9-year average 95,6 is filled rating is 85 of registration at the end of 2010, since 2001, “a parent task has the ability to make the phrase” in one of the superior performance of the “no” opinion, giving rise to take the exam as an obstacle to, the record should be organized according to the principles of objective, The decision on the cancellation of the registration note on the grounds that 85 of the registration note in 2010 does not comply with objective principles, and the reason is not specified, the plaintiff’s request is in place” was confirmed by the decision of our department on 26/09/2016 2016/21967 of the main 2016/16632 decision. After the end of the trial on the request for cancellation of the registration note, the plaintiff filed a claim for material and moral compensation with the case at hand. In order for moral compensation to be ruled, it is necessary to cause a severe shake and imbalance in the spiritual being, such as the offending of honor and dignity as a result of actions and actions that are contrary to the law, the discovery of an attack on personal rights. Although it was later revoked given a negative evaluation of the notes to the plaintiff, the plaintiff’s position within the bank, the notes of the previous register, considering factors such as time between working in the bank sometime in the plaintiff’s business and social environment remains a difficult situation, vocational and reputation because of the damage that the lives of victimization, it is understood spiritually damaged, but at a reasonable rate while the plaintiff accepted a claim for moral damages, the decision of denial is incorrect.
Conclusion: it was unanimously decided on 08/03/2021 to overturn the decision of the Court of First Instance, which was appealed, and the decision of the District Court Court, which accepted the application for appeal against this decision on the basis of the above reason, to send the file to the District Court Court, which made the decision, and a sample of the decision to overturn it to the Court of First Instance, to return the costs of the appellate decision received in advance to the interested person on request.