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The employee, who was working as a sales consultant at his Bursa workplace, was fired without compensation for “using the ladies’ room.” The victim’s plaintiff, who addressed Bursa Labor Court 2, claimed that the allegations were unfounded, that his managers complied with all orders and instructions in full, and that he was one of the few sales consultants who made a profit from your job performance, and that your employment contract was unfairly terminated; severance pay, severance pay, asked them to receive overtime pay, weekend pay, annual vacation pay, wages and bonuses.
COMMERCIAL LAWYER REQUESTED CASE DENIAL
According to the news in İHA, the lawyer for the defendant company said that the plaintiff has been disturbing the tranquility of the workplace by making negative attitudes and speeches against his colleagues for a long time, for which he has been repeatedly warned, For the aforementioned reasons, the applicant’s employment contract is justified in accordance with article 25 / II-d of the Labor Law. It demanded the rejection of the case, arguing that it was closed and that the plaintiff could not be entitled to compensation and notice.
YARGITAY MADE THE SAME DECISION
The court decided to accept the case. The defendant company appealed the decision. The Ninth Civil Chamber of the Supreme Court of Appeals signed a previous decision. In the decision, “Plaintiff has been taken under a report that using the ladies ‘room made female employees uncomfortable and anxious. Plaintiff’s clear admission that he entered the ladies’ room in the meantime, Plaintiff’s witness HFA also said ‘I heard from him when I went to the workplace that the plaintiff was fired for using the ladies’ room.
“IT HAS PREVENTED SEXUALITY AT WORK”
In view of the statements of the witnesses of the report of 04/11/2014, which were susceptible to dissolution, taken at the hearing that confirms the content of the report; When it is understood that the plaintiff causes disturbances in the workplace, especially when entering the ladies’ bathroom, as well as other behaviors; The court accepts that the employer’s dismissal is justified and requests for severance pay and notice should be rejected, but the acceptance with written justification is incorrect. It was decided unanimously to revoke the appealed decision. “
