Using Phrases Like “Idiot, Cretin” to a Colleague – Justified Termination Supreme Court Decision

Summary:

Although the court decided to accept the case on the grounds that the person who caused the incident was not the plaintiff, it is fixed that the plaintiff used the words “idiot, idiot” for another employee when the defendant’s witness statements and the written statements of other workers whose statements were referred to in the workplace investigation were taken into account.

T.C.
Supreme
9. law office

Main Number:2014/22068
Decision No:2014/37710
K. Historical:

LAWSUIT : The plaintiff has requested that the invalidity of the termination and the return to work be decided.
The local court has adjudicated the request.

Although an appeal was made by the defendant’s lawyer during the sentencing period, the report prepared by the Examination Judge for the case file was heard, the file was examined, discussed and considered as necessary:

Y A R G I T A Y K A R A R I

A) Summary of the Plaintiff’s Claim:
The plaintiff, on 17/07/2013, swearing and insults of his colleagues were subjected to the insults on them to convey on 29/07/2013 investigation initiated as a result of the plaintiff’s work ” that is driven by insulting your friend” if you are terminated for the reason however, that this argument is not valid and does not reflect the truth that the plaintiff’s termination of employment with the invalidity of the claim that it was unfair and illegal dissolved, with compensation to be given to the decision to return to work accordingly and wages requested.

B) Summary of the Respondent’s Response:

The defendant stated that the plaintiff’s employment contract was terminated for a just reason in accordance with Article 25/II-d, the plaintiff works as an overseas tours chief at the company…..’s allegations of abuse and insults himself on 17/07/2013 by granting the petition you filed a complaint on the same day, opened an investigation into the complaint, and that are referenced in the statements according to witness statements, the plaintiff’s co-worker and have been identified as giving rise to that is driven by insulting dismissal, arguing that he wanted to fight.

C) Summary of the Local Court Decision:

According to the statements of the witnesses heard by the court, the foreign tours chief sent an e-mail to the plaintiff, when the plaintiff informed the quality chief that he wanted to respond to this e-mail, the foreign tours chief leaving his room said, “You’re talking about me, I’ll put those words somewhere,” both employees were dismissed because of this argument, according to the way the incident happened, the foreign tours chief could not hear the plaintiff, on the grounds that the cause of the incident was not the plaintiff it has been decided to accept the case.

D) Appeal:
The decision was appealed by the deputy of the defendant party.

E) Justification:

Although the court decided to accept the case on the grounds that the person who caused the incident was not the plaintiff, it is fixed that the plaintiff used the words “idiot, idiot” for another employee when the defendant’s witness statements and the written statements of other workers whose statements were referred to in the workplace investigation were taken into account.

In this case, these words, which the plaintiff seems to have said towards another employee working at the workplace, are of a taunting nature, and since it is understood that the employer’s termination is based on a just cause according to Article 25/2-d of law No. 4857, the acceptance of the case instead of rejection is erroneous.
In accordance with Article 20/3 of the Labor Law No. 4857, our Department has decided as follows.

JUDGMENT: On the grounds described above;
1. To ELIMINATE the court’s decision BY OVERTURNING,
2. DISMISSAL OF THE CASE,
3. Since the fee was received in advance, there is no place for it to be taken again,
4.To be left over the trial expenses made by the plaintiff, to be paid to the defendant with the collection of the trial expenses of 136.00 TL made by the defendant from the plaintiff,
5.According to the tariff in force on the date of the decision, the fee of 1.500 TL is taken from the plaintiff and given to the defendant,
6. The refund of the appeal fee received in advance to the defendant upon request,
It was definitely decided by unanimous decision on 09.12.2014.

You can read our articles and petition examples by clicking here.