Precedent ‘Workplace Phone’ Decision from the Supreme Court

The General Assembly of the Supreme Court of Appeals, in the case between an employer and an employee today, penalized the employee’s use of a telephone line belonging to the employer and not given to the employee to use. to a precedent decision he signed. The decision paved the way for the employee to be fired without compensation if the employee uses the line that was not given to him without permission.

The case was on the allegation that an employee working as a vending machine operator in a food and beverage company used the data line attached to the machines for his personal business. The employer who determined that a series of interviews were made with the linesfired the employee without compensation. The employee applied to the Labor Court, claiming that the employment contract was terminated without just cause.

The Labor Court defended the employee, the employer appealed the decision:

In his application, the employee demanded a decision to collect severance and notice payments, annual leave, wages and overtime wages from the defendants (employer). The employer, on the other hand, after it was determined that the employee was using the data line in the vending machines for his personal work, and Article 25 of the Labor Law No. 4857, II. in accordance with sub-clause (e) of the employment contract. terminated for just cause and defended the dismissal of the case.

The court ruled that the case be partially accepted. After the lawsuit resulted in favor of the employee, the employer appealed the decision. After this point, the 9th Civil Chamber of the Supreme Court of Appeals stepped in. ruled that the employee should be fired without compensation and the court overturned its decision. But the process took a long time again.

This time, the case went to the Supreme Court of Appeals General Assembly:

The Labor Court has decided that the termination of the employee’s actions, which are shown as the reason for termination, without any disciplinary investigation and without evaluating other alternatives. without just cause He ruled and resisted his first decision. However, this decision was also appealed by the employer and this time the Supreme Court of Appeals General Assembly stepped in.

In the decision of the General Assembly, one of the telephone lines provided for the replacement of the defective telephone lines in the vending machines for which the plaintiff is responsible, with new telephone lines, It has been determined that after the exchange process, the defendant did not deliver it to the employer and made private conversations with this phone line. reminded. Moreover, it was stated that the employer made a payment of 1,000 TL due to the employee’s use of the aforementioned telephone line. It was stated that the plaintiff had a meeting with his relatives over this line.

The General Assembly of the Supreme Court of Appeals decided that the employee was terminated for these reasons. based on good reasons and decided to reject the employee’s demands and ruled that the Labor Court’s decision be overturned.