Precedent ruling from the Court of Cassation: He called an intern 'ox, idiot, useless,' was fired and denied severance pay

The behavior of K.H., who worked as a head chef at a hotel, ignited a legal battle that would last for years. Allegedly using insults and profanity toward a trainee chef and other employees, the head chef was fired by his employer without severance pay.

Claiming that his employment contract was terminated unfairly, K.H. took the matter to the Labor Court. He demanded the payment of severance and notice pay, as well as compensation for overtime, weekly rest days, national and public holidays, and the minimum living allowance.

EMPLOYER: HE DISRUPTED THE WORK ENVIRONMENT

The hotel management argued that the plaintiff had engaged in insulting and profane behavior not only toward the trainee chef M.K. but also toward other employees. Stating that the employment contract was terminated for just cause under Labor Law No. 4857, the management requested the dismissal of the case, noting that overtime pay had been recorded on payrolls and paid via bank transfer.

LOWER COURT RULED DIFFERENTLY

The Labor Court, which reviewed the file, pointed out that no concrete documents were presented to support the employer's claims. Furthermore, it decided to partially accept the case on the grounds that the employment contract, which would have indicated that overtime pay was included in the salary, was not in the file.

The appellate court found this decision appropriate. However, upon the employer's appeal, the file was brought before the Court of Cassation.

COURT OF CASSATION: THE BOND OF TRUST WAS BROKEN

Evaluating the file, the 9th Civil Chamber of the Court of Cassation emphasized that if an employee's behavior contrary to the rules of morality and good faith disrupts the peace of the workplace, the employer may exercise the right of immediate termination.

The ruling stated that the employer's decision to terminate was justified due to the plaintiff's harassment of his colleague, use of profanity, disruption of workplace peace, and behavior contrary to work discipline.

SEVERANCE CLAIMS REJECTED

In the Court of Cassation's ruling, it was stated: "Upon examination of the file, it is evident that in the incident subject to termination, the plaintiff began shouting at M.K., who was working as an intern at the workplace, on the grounds that the cloths smelled bad, and used vulgar profanity and threatening language. It is understood that the employee had undergone eye surgery, had informed the plaintiff that his doctor advised him not to work, and that the plaintiff humiliated him in front of everyone, saying, 'ox, idiot, useless, deal with it yourself.' Considering the evidence in the file, it is established that the plaintiff harassed the intern, whom the employer is obligated to protect, used profane language, and exhibited behavior contrary to the rules of morality and good faith with his aggressive attitude and vulgar profanity toward other employees, thereby disrupting the peace, order, and discipline of the workplace. In the face of these established behaviors by the plaintiff, it must be accepted that the foundation of trust in the employment relationship has collapsed. In this respect, the employer's termination of the contract pursuant to clause (II) of Article 25 of Law No. 4857 due to violation of the rules of morality and good faith is appropriate. Since it is understood that the termination by the employer was based on just cause, it was inappropriate to decide to accept the plaintiff's claims for severance and notice pay, and the decision had to be overturned for this reason."

With the Court of Cassation's reversal, it was accepted that the employer had terminated the employment contract for just cause, and it was ruled that the head chef's claims for severance and notice pay should be rejected.

News Source: İHA