Constitutional Court decided: WhatsApp grounds for dismissal?

The Constitutional Court of a person working in a private company, WhatsApp conversations has concluded his application with the allegation that “respect for private life and freedom of communication are violated” due to the termination of his employment contract with justification.

In the incident that took place in 2017, the employer company informed the employee via WhatsApp. slander and insult the managers of companies and institutions. Has detected. In addition, he requested defense from the employee that he “disrupted the information system in an organized manner with his colleagues”. The employee was fired without notice one day after giving his defense.

“WhatsApp correspondence is unlawful evidence”

A citizen living in Ordu filed a reemployment lawsuit at the Labor Court in his region. In the petition; the contract has been terminated unjustly, that WhatsApp is a very widely used messaging application, and correspondence should be protected as personal data. stated. He also stated that the speeches constituted unlawful evidence.

Then, in 2018, the court ruled that the case was accepted and the termination of the employment contract was invalid and decided to reinstate the plaintiff. However, the appeal application made by the attorneys of the defendant institution against the aforementioned decision was accepted by the decision of the 8th Civil Chamber of the Samsun Regional Court of Justice. Termination the annulment of the court decision that is invalid It was decided.

The Constitutional Court found the plaintiff right

Employees who made an individual application to the Constitutional Court in 2018 After 5 years The good news has come. According to the decision of the Constitutional Court published in the Official Gazette;

• The allegation regarding the violation of the right to respect for private life and the freedom of communication is acceptable,
• The right to respect for private life, which is guaranteed in Article 20 of the Constitution, and the freedom of communication, which is guaranteed in Article 22 of the Constitution, have been violated,
• A copy of the decision is sent to the Ordu Labor Court for retrial in order to eliminate the consequences of the violation of the right to respect for private life and the freedom of communication,
• Refusal of the applicant’s claim for pecuniary damage,
• Payment of 4.794.70 TL of litigation expenses to the applicant,

decided unanimously.