Employer alleges 'obscene content': Employee who created Telegram group loses job and severance pay

A worker who created a group on social media using their workplace's name and added colleagues to the group had their employment terminated due to allegations of sharing obscene content in the group.

The worker, who was alleged to have undermined the employer's trust, took the matter to the Labor Court. The court ruled that the termination was valid, though not necessarily for just cause, and rejected the plaintiff's reinstatement lawsuit. The decision was appealed by the plaintiff worker.

The Regional Court of Justice Civil Chamber issued a precedent-setting ruling. The decision noted that the plaintiff had created the group, used the company logo as the profile picture, and shared obscene content within the group.

The ruling stated:

"Although the Telegram screenshots submitted by the defendant show the word 'founder' next to the plaintiff's username, the plaintiff did not accept being the founder, and it was stated that this label alone could not prove that the plaintiff created the group. While it is possible to be assigned as a founder/administrator by others in such groups, it is clear that the employer could not prove that the plaintiff created the group using the company name or that the plaintiff added the company logo to the group. However, it is evident that the plaintiff continued to remain in the group despite seeing the obscene posts, and that the plaintiff should have known that such posts being shared in a group bearing the company's name and logo would damage the company's reputation. Therefore, it is concluded that the plaintiff's actions undermined the employer's trust, that the employer could no longer be expected to continue working with the plaintiff, that the employment contract was terminated for a valid reason due to the plaintiff's behavior, and that the local court's decision was in accordance with procedure, law, and the contents of the file."

News Source: İHA