Court Decisions | Tevfik Özkan

Court of Cassation Decisions

Selected Court of Cassation decisions concerning employment relationships, termination, workplace conduct, employee rights and employer obligations in Turkey.

Can WhatsApp Messages on a Company Phone Justify Dismissal?

The Court considered private WhatsApp messages obtained from a company phone. The way the evidence was obtained mattered alongside the content of the messages.

Can Abusive Language at Work Justify Immediate Dismissal?

Insults and aggressive conduct towards colleagues may justify dismissal for just cause. The outcome depends on the conduct, its context and the available evidence.

Can Repeated Workplace Reassignments Amount to Bullying?

The Court assessed 30 assignments over approximately nine months as part of a wider pattern of conduct. Their frequency, lack of objective justification and surrounding evidence were considered together.

Can an SGK Termination Code Be Corrected?

The Court upheld correction of a resignation code where the evidence showed dismissal by the employer. A corrected code does not automatically establish entitlement to unemployment benefit.

Must Annual Leave Pay Be Paid Before Leave Begins?

The Court resolved conflicting appellate decisions on advance payment of annual leave pay. It held that the obligation did not depend on a separate request from the employee.

Can an Employee Claim They Were Dismissed After Signing a Resignation Letter?

The Court examined the evidential weight of a signed resignation letter and an allegation that its dates were added later. It also addressed the employer’s burden of proving that annual leave had been taken.

What Happens When an SGK Incentive Is Withdrawn During a Public Contract?

The Court considered a five-percentage-point contribution reduction included in the pricing of a public service contract signed before 1 March 2011. Its reasoning depended on the contract date and the legal and financial conditions at that time.