Precedent ruling from the Court of Cassation: No severance pay for employees who spread 'gossip'

A young man who was fired from his job as a night watchman took the case to the Labor Court.

The plaintiff, who demanded severance and notice pay, also requested overtime wages. The defendant company's lawyer, testifying in court, argued that the claims were time-barred and that the plaintiff was not entitled to weekly holiday or public holiday pay.

'GOSSIP' ALLEGATION FROM THE EMPLOYER

The employer argued that the plaintiff did not perform his job in accordance with the rules of honesty and integrity, that he caused conflict among workers by spreading gossip, and that his employment contract was terminated because he did not change his behavior despite verbal warnings, requesting the dismissal of the case. The court ruled for the partial acceptance of the case.

COURT OF CASSATION FINDS DISMISSAL WITHOUT SEVERANCE PAY FOR GOSSIPING EMPLOYEE JUSTIFIED

The 9th Civil Chamber of the Court of Cassation, which intervened after the decision was appealed by both parties' lawyers, issued a precedent-setting ruling. The high court found the dismissal of an employee without severance pay for slandering colleagues and spreading gossip to be justified.

COURT OF CASSATION RULING

The court ruled that the decision should be overturned only regarding the calculation of working hours. The Court of Cassation's ruling stated:

"In this concrete case; in the petition, 2 thousand TL of overtime pay was requested, with rights regarding the excess reserved. Although the overtime pay requested in the petition was awarded, it was inappropriate to accept the amount calculated in the additional expert report as overtime pay without making a reasonable deduction, and to issue a decision without reserving rights regarding the excess, which necessitated the overturning of the decision."

News Source: İHA