09 April 2021 Friday – 13:53 | Last Updated: 09 04 2021 – 14:14
Flash decision that concerns employees. The Supreme Court overturned the payment of severance and notice pay to the employee who was dismissed for trying to punch his colleague. It was stated in the decision that it was not important that the fist did not hit.
The 9th Civil Chamber of the Supreme Court overturned the decision of the local court, which ordered the payment of severance and notice pay to the worker who was dismissed for trying to punch his colleague.
The 9th Law Department of the Supreme Court of Appeals overturned the local court’s decision. In the decision, which stated that the plaintiff worker tried to punch the security guard on which he walked after the discussion, it was emphasized that the fist did not hit the other worker.
In the decision of the department, which accepts the act of the worker as “teasing another employee”, it was stated that the fact that the fist did not hit in the concrete incident was insignificant.
In the decision, which pointed out that the employment contract was terminated by the employer for a just cause in accordance with Article 25/2-d of the Labor Law, it was noted that the acceptance of severance and notice pay claims was erroneous, which necessitated reversal.