9. Law Office
Base Number: 2010/22804 E
Decision Number: 2012/32150
“Justice Text”
COURT: LAW (WORK) COURT OF FIRST INSTANCE
CASE: Plaintiff requested a decision to be paid for severance and notice indemnity.
The local court granted the request.
Although the defendant’s lawyer appealed during the sentence, the file was examined after the report prepared by the Investigation Judge for the case file was heard, and the need was discussed and considered:
Supreme Court Decision
A) Summary of Plaintiff’s Request:
In the petition, the attorney of the plaintiff claimed that the plaintiff worked at the defendant’s workplace between 11.04.2000-19.06.2009 and that his receivables were not paid despite the unjust termination of the employment contract, and demanded a decision to collect the severance and notice indemnity from the defendant and sued.
B) Summary of Respondent’s Response:
In the reply petition, the defendant’s attorney briefly stated that the plaintiff presented the diploma of Keşan Industrial Vocational High School along with other job application documents when hiring, that in the research conducted on the notification received, it was determined that the diploma did not belong to the plaintiff, therefore, the plaintiff’s employment contract was terminated for just cause in accordance with Article 25/II-a. asked for rejection.
C) Summary of Local Court Decision:
According to the witness statement, unskilled workers were hired at the time the plaintiff was hired. It was decided to accept the case on the grounds that the plaintiff’s being an industrial vocational high school graduate or not is not one of the essential points of the employment contract, the situation was understood after 9 years of examination of the employment document, the justified termination conditions were not met, and it constituted a valid reason for the employer.
D) Appeal:
The defendant appealed the decision.
E) Reason:
1- It is controversial whether the termination of the plaintiff’s employment contract is justified.
Although the court has accepted that the termination of the employment contract is unfair, this acceptance is not in accordance with the scope of the file. Because, as it is understood from the defense given by the plaintiff, the plaintiff knowingly used the forged document by giving the diploma, which he knew to be fake, belonging to someone else that did not belong to him. Due to this situation learned later, the termination of the plaintiff’s employment contract is based on a just cause. It is wrong to accept the claimant’s severance and notice indemnity claims instead of rejecting them.
F) Result:
It was unanimously decided on 01.10.2012 that the appealed decision be OVERFINED for the reason written above, and that the appeal fee paid in advance would be returned to the relevant person upon request.
