9. Civil Department

Base Number: 2010/22804 E

Decision Number: 2012/32150

“text of jurisprudence”


CASE :The plaintiff has requested that it be decided that he will receive severance and notice compensation.
The local court has ruled on the request.
Although the defendant’s lawyer appealed during the sentencing period, the file was examined after the report organized by the Examining Judge for the case file was heard, the file was discussed and considered as necessary:


A) Summary of the Plaintiff’s Claim:
The acting plaintiff requested and sued in the petition of the lawsuit that the plaintiff worked at the defendant’s workplace from 11.04.2000 to 19.06.2009, claiming that his receivables were not paid despite the unfair termination of his employment contract, and that the decision on the collection of severance and notice compensation from the defendant should be made.dec.
B) Summary of the Respondent’s Response:
The answer is in the sum the plaintiff hired the defendant, a deputy in addition to other application documents when you were a diploma from Keşan vocational Industrial High School received the offer of diplomacy in research on ihar determined whether it belongs to the plaintiff, therefore, the plaintiff’s employment 25/II-A has been terminated for good cause in accordance with a declaration that he wanted to argue the case.
C) Summary of the Decision of the Local Court:
According to the witness statement, the plaintiff worked as a quality control worker for 9 years, the plaintiff did not have information documents about how he was hired as a quality control worker, according to the witness statement, unskilled workers were hired during the period when the plaintiff was hired, the plaintiff’s graduation or absence was not one of the main points of the employment contract, the situation was understood by the examination of the employment certificate after 9 years, the conditions for justified termination were not formed, it was decided to accept the case on the grounds that it constitutes a valid reason from the point of view of the employer .
D) Appeal:
The defendant party appealed the decision.
E) The reason:
1-The issue of whether the termination of the employment contract of the plaintiff is justified is controversial.
Although it has been accepted by the court that the termination of the employment contract is unfair, this acceptance is not in accordance with the scope of the file. Because, as can be seen from the defense provided by the plaintiff, the plaintiff knowingly used a fake document by giving a diploma that he knew was fake belonging to someone else who did not belong to him when he entered the job. In the meantime, the termination of the plaintiff’s employment contract due to this learned circumstance is based on the justified reason. The plaintiff’s acceptance of seniority and notice compensation claims instead of rejection is erroneous.
F) The result:
It was unanimously decided on 01.10.2012 that the appealed decision would be OVERTURNED for the reason written above, and the appeal fee received in advance would be refunded to the interested party upon request.

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