Constitutional Court finds rights violation in 6-month seniority ruling

The Constitutional Court (AYM) has ruled that the right to a reasoned decision, which falls under the scope of the right to a fair trial, was violated in the individual application of a bank employee who was dismissed shortly before completing the 6-month seniority requirement. In accordance with the ruling, the case file will be sent to the relevant appellate court for a retrial.

According to the decision published in the Official Gazette, Gülşah K. began working as an investment specialist at a bank on March 15, 2021. The employee was dismissed on September 13, 2021, on the grounds of "insufficient performance." Gülşah K., who was on medical leave due to COVID-19 between September 5 and 18, 2021, was served the termination notice on September 18.

In the reinstatement lawsuit she filed at the Istanbul 11th Labor Court, Gülşah K. stated that she met the 6-month seniority requirement as of the date the termination notice reached her. Arguing that she had been appreciated by her managers throughout her employment, the employee claimed that the termination based on insufficient performance was unfair and unlawful.

The defendant bank, however, argued that the employment contract was terminated for just cause on September 13, 2021, and that the 6-month seniority requirement for a reinstatement lawsuit had not been met.

LOCAL COURT HAD RULED FOR REINSTATEMENT

The local court ruled for the reinstatement of Gülşah K. The court ordered that 43,666 Turkish Lira in compensation be paid if the employer did not reinstate the employee. The ruling emphasized that the employment contract was terminated two days before the 6-month seniority mark, but that the notice was served on September 18, 2021, due to the employee being on medical leave.

The court further concluded that the termination was not carried out in accordance with procedures and conditions, noting that the employee's defense was not taken prior to the termination.

The Istanbul Regional Court of Justice 31st Civil Chamber, which reviewed the file upon the bank's appeal, made a different assessment. The Chamber accepted Gülşah K.'s seniority at the workplace as 5 months and 28 days and ruled with finality to dismiss the case on the grounds that the employee could not benefit from job security provisions.

Upon reviewing the application of Gülşah K., who subsequently filed an individual application with the Constitutional Court, the High Court determined that the appellate decision did not contain sufficient reasoning as to why the case was dismissed. The Constitutional Court pointed out that the local court had justified its assessment that the 6-month seniority requirement was met by basing it on the medical report and the date the termination notice reached the employee.

The Constitutional Court ruled that the right to a reasoned decision, guaranteed under Article 36 of the Constitution within the scope of the right to a fair trial, had been violated. To remedy the consequences of the violation, the file will be sent to the Istanbul Regional Court of Justice 31st Civil Chamber for a retrial.

News Source: 12punto