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A worker who worked in a private company, allegedly secretly recording private conversations and conversations of his colleagues with his own mobile phone, was fired. The worker filed an application with the Labor Court. Alleging that he was fired without just cause and his last salary was one thousand TL net; demanded the collection of severance pay and payment for notice, last month’s salary, overtime, national holiday and general holidays to be collected from the defendant. The defendant employer demanded that the case be dismissed, arguing that the plaintiff’s employment contract was terminated for just cause and the plaintiff had no accounts receivable. The court decided to accept the case in part based on the evidence gathered and the expert report. The decision was appealed by the accused lawyer.
The Ninth Civil Chamber of the Supreme Court of Appeals made a previous decision. In the Supreme Court decision, where it was emphasized that the plaintiff was secretly recording the private conversations and conversations of his colleagues with his mobile phone, it was understood that written defense was requested from the plaintiff worker before the termination, but the worker Plaintiff did not defend, the employment contract was terminated within 6 business days. It appears from the information and documents in the file that the court’s acceptance that this situation can only be subject to a valid termination is not appropriate with the acceptance of the action’s verdict. Consequently, the defendant employer is justified in termination. It was decided to annul the unanimous decision of the court. “
