T.R. JUDICIARY
9. Law Office
Basis: 2016/ 34036 Decision: 2020 / 2430
Decision Date: 18.02.2020
SUMMARY: Considering the claimant’s notice of default and the claims subject to the notice of default, the starting dates of the interests to be charged for the claims other than the severance pay should be determined accordingly, while ignoring the notice of default and awarding the interest according to the lawsuit and remediation dates was also inaccurate and required annulment.
At the end of the trial of the case between the parties; Upon the request of the parties’ lawyers to examine the judgment on appeal within the period regarding the amount realized for the reasons written in the writ, together with the interest, the judgment was requested by the parties’ lawyers. On the day of the hearing, Lawyer … on behalf of the defendant and Lawyer … on behalf of the opposing party came. After the hearing was started and the oral explanations of the lawyers present were heard, the hearing was terminated and the report prepared by the Investigation Judge was presented, the file was examined and the necessity was discussed:
JUDICIARY DECISION
A) Summary of Plaintiff’s Request:
While the plaintiff was working as a domestic truck driver at the workplace of the defendant, due to meeting the retirement conditions excluding age, the job
Claiming that he terminated his contract rightly, he demanded the collection of severance pay and fuel cuts, week holidays, some monthly wages, overtime, week holidays, annual leave, national holidays and general holidays, and the return of the guarantee certificate received by the employer.
B) Summary of Respondent’s Response:
The defendant’s attorney stated that the plaintiff worked as a domestic truck driver for minimum wage between 12.07.2006 and 02.10.2013, he did not continue to work on 19-20-21.09.2013 without an excuse,
He demanded the dismissal of the case, arguing that his client’s contract was terminated for just cause because of this, that the plaintiff, who was born in 1972 and is only 41 years old, tried to get severance pay unfairly by abusing the right granted to him by the Law No. 1475, and that his demands were unjustified.
C) Summary of Local Court Decision:
Based on the evidence gathered and the expert report, the court decided that the plaintiff left the workplace with his petition dated 25.10.2010 and was entitled to severance pay, as he met the conditions of insurance for fifteen years and 3600 days of premium days, pursuant to subparagraph (5) of the first paragraph of the Law No. 1475. It was decided that the case be partially accepted on the grounds that other demands, including overtime work, annual leave, week vacation and general holiday pay, were not in place.
D) Appeal:
The parties’ attorneys appealed the decision.
E) Reason:
1- According to the evidence gathered from the articles in the file and the legally compelling reasons on which the decision is based, the appeal objections of the parties that fall outside the scope of the following paragraphs are not appropriate.
2- Failure to give a positive or negative decision in the judgment part of the decision regarding the claimant’s request for the cancellation of the security deposit received at the time of employment in the lawsuit petition. contrary to the article. According to the aforementioned Law provision, a clear and unequivocal provision should be established on all claims subject to the case.
3- Considering the claimant’s notice of default and the claims subject to the notice of default, the starting dates of the interests to be charged for the claims other than the severance pay should be determined accordingly, while ignoring the notice of default and ruling on interest based on the date of the lawsuit and correction was also inaccurate and necessitated reversal.
F) Result:
2.540.00 TL, appraised for the benefit of the defendant, that the appealed decision was OVERFINED for the reasons written above. It was unanimously decided on 18/02/2020 that the trial attorney’s fee be charged to the plaintiff and that the appeal fee paid in advance be returned to the relevant party upon request.
