Precedent decision of the Supreme Court! Important step in notice compensation



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The young woman, who resigned from the private hospital where she worked as a medical secretary due to marriage, went to the Labor Court because she could not receive notice or compensation. The employee claimed that the employer was not willing to pay compensation, although he informed the workplace that he resigned due to marriage through a notary public.

The accused employer stated that he fired him with his request to resign, complained about him many times during his employment, and received warnings, reprimands and warnings.

Although it was determined that the employee received money from the patient and did not turn it over to accounting, he claimed that he stated that he did so because of his carelessness and that he delivered a letter of resignation, knowing that the employment contract could be terminated for these reasons. Based on the evidence gathered and the expert report, the court decided to reject the severance payments, wages, and compensation in cash and to accept other claims. The decision was appealed by the plaintiff.

The Ninth Civil Chamber of the Supreme Court of Appeals has made a previous decision. The decision indicated that there are no justified causes for termination, considering the defense of the plaintiff worker in relation to the erroneous operation. The decision said:

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“With the dated petition submitted by the plaintiff worker to the file, it has been alleged that he terminated his employment contract by marriage while working at the workplace, and it must be accepted that this statement was binding on the plaintiff worker. While the court should decide on the rejection of the notice payment and the acceptance of the severance pay, the written rejection of the severance pay and the negative decision in terms of the notice pay is incorrect and requires a revocation. “

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