The Employee’s Use Of A Forged Diploma Is A Justified Termination Of Employment Contract
9th Civil Chamber
Main Number: 2010/22804 E
Decision Number: 2012/32150
“Case Law Text”
COURT OF FIRST INSTANCE LAW (LABOR) COURT
CLAIM: The plaintiff requested a decision for the payment of severance and notice pay.
The local court ruled the request.
As the judgment was appealed by the defendant’s lawyer within the time limit, the file was examined and the necessity was discussed and considered after listening to the report prepared by the Examining Judge … for the case file:
JUDICIAL COURT DECISION
A) Summary of the Claimant’s Request:
In his petition, the plaintiff’s attorney claimed that the plaintiff worked at the defendant’s workplace between 11.04.2000-19.06.2009, that his receivables were not paid despite the wrongful termination of his employment contract, and demanded and sued for the collection of severance and notice compensation from the defendant.
B) Summary of the Defendant’s Response:
The defendant’s attorney in his reply briefly stated that the plaintiff submitted the diploma of Keşan Industrial Vocational High School along with other job application documents when he was hired, that it was determined that the diploma did not belong to the plaintiff in the research conducted upon the notice received, and therefore the plaintiff’s employment contract was terminated for just cause in accordance with Article 25/II-a and requested the dismissal of the lawsuit.
C) Summary of the Local Court Decision:
The court stated that it was fixed with the witness statement that the plaintiff did not fill in the employment certificate and the contract filled in when the plaintiff was hired, that the plaintiff worked as a quality control worker for 9 years, that there was no information document on how the plaintiff was hired as a quality control worker, that according to the witness statement, unqualified workers were hired during the period when the plaintiff was hired, It was decided to accept the lawsuit on the grounds that the plaintiff’s graduation or non-graduation from industrial vocational high school was not one of the essential points of the employment contract, that the situation was understood by examining the employment documents after 9 years, that the conditions for justified termination did not occur, and that it constituted a valid reason for the employer.
D) Appeal
The respondent appealed the decision.
E) Justification:
1- It is disputed whether the termination of the plaintiff’s employment contract was justified or not.
Although the court accepted that the termination of the employment contract was unjustified, this acceptance is not in accordance with the scope of the file. Because, as it is understood from the defense given by the plaintiff, the plaintiff knowingly used a forged document by giving a diploma that he knew to be forged by someone else, which did not belong to him, when he entered the job. Due to this situation, which was later learned, the termination of the plaintiff’s employment contract was based on just cause. It is erroneous to accept the plaintiff’s severance and notice pay claims instead of rejecting them.
F) Conclusion:
It was unanimously decided on 01.10.2012 that the appealed decision shall be DISMISSED for the reasons written above and the prepaid appeal fee shall be refunded to the relevant party upon request.
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