Reason for Expulsion from Reading News on the Internet during Overtime

A worker was fired without compensation for allegedly reading newspapers online, arriving late for work, and coming to the workplace without permission outside of working hours. As a result of the petitions mutually submitted by the employer and the employee to the courts, the dismissal was deemed valid.

What comes to mind when you think of the reasons for dismissal without compensation? We guess that things like coming to work constantly out of time, harassment, physical or verbal violence, or simply failing to fulfill work responsibilities are happening. Do you think looking at the news on the phone is a reason? We think your answer is that it depends on the amount.

This controversial issue was the reason for a recent layoff. The employer is constantly late for work and fired without compensation the employee he claimed was reading the newspaper on the phone. With the employee’s application to the court, the contradictory decisions came one after another.

Supreme court makes final decision

According to the employer’s statements, an employee who “makes a habit of being late for work” and “reads newspapers on the Internet” was fired without compensation on the grounds that he did not fulfill his responsibilities and “neglected the job”. The applicant to the Labor Court denied the allegations that he read newspapers on the internet, that he was constantly late for work, and that he came to the workplace without permission outside of working hours. After the court found the dismissal valid, the employee who took the decision to the court of appeal was reinstated to his job with the decision taken. Because no accusation made by the workplace not proven with concrete evidence.

The employer, who appealed this decision of the Regional Court of Justice, took the case to the Supreme Court. If the high court confirmed by witnesses acknowledging these allegations, allowing the employee to be fired without compensation. The following statements were included in the decision:

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The minutes were recorded regarding the acts of reading the newspaper while working at work, arriving late to work frequently, and entering the workplace without permission after working hours, and the contents of the minutes were also verified by the witnesses. Although it is clear that this behavior does not comply with the workplace rules, the action does not weigh as a just cause for termination, but the employer does not agree with the employee who does this behavior. cannot be expected to continue the business relationship. While it should be accepted that the termination made by the employer is based on a valid reason, it should be decided to reject the case, but the decision to accept it with a written justification was wrong and necessitated reversal. It was unanimously decided to annul the decision of the District Court of Justice.

Source :
https://t24.com.tr/haber/mesaide-gazete-okumak-tazminatsiz-kovulma-sebebi-sayildi,994971


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