Took sick leave and went on vacation to Bodrum: Constitutional Court finds employer in the right!

The Constitutional Court (AYM) has rejected an individual application filed by an employee whose employment contract was terminated after they shared vacation photos from Bodrum while on sick leave, alleging that their right to the protection of personal data under the right to respect for private life had been violated.

According to the High Court's ruling, the employment contract of Esin A., who worked as a real estate appraisal specialist at a private company, was terminated on the grounds that they failed to complete assigned tasks on time and went on vacation while on sick leave.

Claiming that the termination of their employment contract was unfair, Esin A. filed a reinstatement lawsuit. The Istanbul Anadolu 3rd Labor Court rejected the case.

The applicant's appeal against this decision was also rejected on its merits by the 25th Civil Chamber of the Istanbul Regional Court of Justice.

VIOLATION OF RESPECT FOR PRIVATE LIFE

The applicant filed an individual application with the Constitutional Court, claiming that the photos from their vacation, which were submitted as evidence in the labor lawsuit, were taken from their work computer, and that this constituted a violation of the right to request the protection of personal data under the right to respect for private life.

Reviewing the application, the High Court ruled that the right to request the protection of personal data, which is covered under the right to respect for private life guaranteed by Article 20 of the Constitution, had not been violated.

FAILURE TO COMPLETE ASSIGNED TASKS ON TIME

In the Constitutional Court's decision, it was stated that the labor court did not accept the photos obtained from the computer as the primary reason for the termination of the applicant's employment contract, and that the court recognized the reasons for termination as "failure to complete assigned tasks on time" and "going on vacation while on sick leave."

The ruling stated that when the termination notice and court decisions are examined, it is clear that the primary reason for the termination of the applicant's employment contract was not based on the photos on the computer assigned to the applicant.

FREQUENT SICK LEAVE

The decision noted that the termination notice included reasons such as the applicant frequently taking sick leave, failing to deliver assigned tasks on time despite warnings from supervisors, and failing to comply with instructions regarding requests for defense, and the following was recorded:

"Although the court decision did not contain an assessment regarding the fact that some vacation photos on the applicant's work computer and company valuations sent from the company email address were personal data, it is understood that the decision was not based solely on these findings; the court gathered other evidence during the trial process, such as the medical reports obtained by the applicant, the employment contract, and witness statements, and concluded that the termination notice of the applicant's employment contract was based on a justified reason."