He could not find a return ticket during the feast, he was fired: Precedent decision from the Supreme Court
The young man, who works in the disabled team in a private company, went to his hometown by bus during the Ramadan Feast last year. The disabled personnel, who could not find a bus ticket on the return of the holiday, were dismissed from the workplace where they went late, without compensation due to absenteeism.
The aggrieved worker, who went to the Labor Court, claimed that he had worked at the company in question for 4 years, 11 months and 29 days at a heavy workload, and was dismissed without a just cause and notice . He stated that he could not use 40 percent of his bodily functions, that the plaintiff was employed without mentioning religious and national holidays, that the prices of these periods were not paid, that the employer did not give annual leave, the annual leave price was not paid, and that the defendant was always despised and insulted by the workplace manager during his work. .
Severance pay, notice indemnity, arguing that an excuse is always sought for dismissal due to his disability and that he tries to prevent him from seeking his rights, that the morale compensation claim of 5 thousand TL should be accepted due to morale damage as a result of mobbing in the workplace, and that the damages of the damage should be covered, demanded that it be decided to collect the annual leave receivable, overtime receivable and general holiday receivable from the defendant.
The defendant company claimed that the plaintiff was absent because he could not find a bus ticket. He argued that the plaintiff did not come to work for 2 business days in a row in the first two business days following the end of the holiday. Court; ruled that the case be dismissed.
The 9th Civil Chamber of the Supreme Court of Appeals, which stepped in when the plaintiff appealed, signed a precedent decision.
In the decision, which concerns millions of workers, it was reminded that the plaintiff’s inability to find a ticket for the return of the feast is a humanitarian situation.
It was stated in the decision: “The defendant stated boss argued that the plaintiff’s employment was terminated for just cause because he did not come back to the workplace for 2 business days without an excuse. The plaintiff could not find a ticket for the return of the feast on 08.10.2014, his mother called the office representative and him informed that the vehicle he was riding in. He claimed that he had a breakdown and could not go to work because he came to the city late
It is clear that the claimant could not come to work due to not being able to find a ticket, and that he did not come to work as a result of reporting this situation to the boss’ authority is based on a justifiable reason. permission from the wanted boss In the concrete case, the rule of absenteeism for 2 working days, without taking any notice or just cause, has not been realized in the concrete case. In line with all these explanations, it is flawed to decide to reject the plaintiff’s notice and severance while it should be accepted. It was unanimously decided to reverse the court decision.”