Can Abusive Language at Work Justify Immediate Dismissal?

Not every workplace argument justifies immediate dismissal. Insults, abusive conduct towards colleagues and disruption of workplace relations may, however, lead to a different outcome.

Background

A hotel head chef was dismissed following allegations of abusive and aggressive behaviour towards other employees. Statements in the file described harsh remarks made in front of colleagues to an employee who had undergone eye surgery and had been advised by a doctor not to work. Other employees submitted written statements describing similar conduct.

The first-instance judgment

The first-instance court did not accept that dismissal was justified. It took into account the absence of an opportunity for the employee to respond, shortcomings in the incident records and the lack of a prior warning despite long service. It awarded severance and notice pay.

The Court of Cassation’s decision

The 9th Civil Chamber assessed the employee statements together with the nature of the conduct. It concluded that the insulting and abusive behaviour towards another employee constituted just cause under Article 25/II of Labor Law No. 4857 in the circumstances of this case. It also held that the failure to obtain the employee’s response beforehand did not, by itself, render this type of dismissal unjustified. The severance and notice pay claims should therefore have been dismissed.

Does every instance of swearing justify dismissal?

No. The words used, the person to whom they were directed, the circumstances, their effect on the workplace and the evidence must be considered together. A workplace disagreement and targeted abuse of a colleague may have different legal consequences.

What this means for employers

A general record stating that an employee used abusive language may be inadequate. Incident records should identify the date, location, people involved, words used and any witness accounts as clearly as possible. Employers need evidence capable of supporting the stated grounds for dismissal.

This article provides general information. Each case must be assessed in light of its own circumstances.

Tevfik Özkan