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Court of Cassation upholds worker’s dismissal without severance or notice pay
A worker in Balıkesir was dismissed after striking a shift supervisor on the head with an object. The Civil Chamber upheld the rejection of the worker’s claims for severance and notice pay, ruling that the employer had just cause to terminate the employment contract.
A worker was dismissed without severance or notice pay after striking a shift supervisor on the head with an object during an argument at a workplace in Balıkesir.
The worker filed a lawsuit seeking severance and notice pay. He argued that he had not cursed at or insulted anyone and that he had defended himself after the supervisor approached him in a threatening manner. He maintained that his dismissal was unjustified.
The defendant employer requested that the case be dismissed, stating that the incident had been recorded in an official report and that there were eyewitnesses.
Lower court awarded compensation
Kepsut Civil Court of First Instance ruled that it could not be determined who had started the fight or why. The court found that the conditions for unjust provocation had not been established and that the employer had failed to prove just cause for the dismissal, ordering the worker to be paid severance and notice pay.
Appeal court overturned the ruling
Reviewing the case following the employer’s appeal, the 3rd Civil Chamber of the Bursa Regional Court of Appeal ruled that the worker’s physical assault constituted an act of aggression. The chamber found that the conditions for termination with just cause had been met and overturned the lower court’s decision awarding compensation.
Court of Cassation upholds ruling
Reviewing the case following the worker’s appeal on points of law, the 9th Civil Chamber of the Court of Cassation found the appellate ruling lawful and upheld it unanimously.
The chamber’s decision stated that the parties’ claims and defenses, the documents in the case file, the applicable legal rules, and the judicial and evidentiary proceedings had been assessed together. It concluded that the objections raised in the appeal did not warrant overturning the ruling.
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