Lawsuit For Claims – Considering The Default Notice And The Claims Subject To The Default Notice, The Starting Dates Of The Interest To Be Accrued On Claims Other Than Severance Pay Should Be Determined Accordingly – Reversal Of The Judgment
T.C JUDICIAL COURT 9th Civil Chamber Esas: 2016/ 34036 Decision: 2020 / 2430 Date of Decision: 18.02.2020
SUMMARY: While the starting dates of the interest to be accrued on the claims other than severance pay should be determined accordingly by taking into account the plaintiff’s default notice and the claims subject to the default notice, it is also inappropriate to award interest according to the dates of the lawsuit and amendment by ignoring the default notice, and it required a reversal.
(1475 S. K. art. 14)
At the end of the trial of the lawsuit between the parties; The appellate review of the judgment regarding the award of the amount realized with interest from the defendant to the plaintiff for the reasons written in the judgment was requested by the lawyers of the parties, and upon the request of the defendant’s lawyer for a hearing, the file was examined and it was understood that the matter was subject to trial and a call was sent to the parties by appointing Tuesday 18/02/2020 for the hearing. On the day of the hearing, Attorney … on behalf of the defendant and Attorney … on behalf of the other party came. After the hearing started and the verbal explanations of the lawyers present were listened to, the hearing was terminated and the report prepared by the Examining Judge was presented, the file was examined and the necessity was discussed and considered:
JUDGMENT OF THE COURT
A) Summary of the Claimant’s Request:
The plaintiff, while working as a domestic truck driver in the defendant’s workplace, due to the fact that he met the retirement conditions except for age
contract> by claiming that he terminated his contract with just cause and requested the collection of severance pay and fuel deduction, week holiday, some monthly wages, overtime, week holiday, annual leave, national holiday and general holiday receivables and the return of the guarantee note taken by the employer.
B) Summary of the Defendant’s Response:
The defendant’s attorney stated that the plaintiff worked as a domestic truck driver between 12.07.2006-02.10.2013 at minimum wage, that he did not attend work on 19-20-21.09.2013 without an excuse, and that he did not work
The plaintiff, who was born in 1972 and is only 41 years old, abused the right granted to him by the Law No. 1475 and unfairly tried to receive severance pay, arguing that his claims were unjustified and requested the dismissal of the lawsuit.
C) Summary of the Local Court Decision:
The court, based on the evidence collected and the expert report, decided to partially accept the lawsuit on the grounds that the plaintiff left the workplace with his petition dated 25.10.2010, since he met the requirements of fifteen years of insurance and 3600 days of premium days in accordance with subparagraph (5) of the first paragraph of the first paragraph of Article 14 of the Law No. 1475, and that he was entitled to severance pay, as well as overtime, annual leave, week holiday and general holiday pay receivables, and that other claims were not appropriate.
D) Appeal:
The decision was appealed by the attorneys of the parties.
E) Justification:
1- According to the writings in the file, the evidence collected and the legal grounds on which the decision is based, the appellate objections of the parties other than the scope of the following subparagraphs are not relevant.
2- It is contrary to Article 297/2 of the CCP that no positive or negative decision was made in the judgment part of the decision regarding the plaintiff’s request for the cancellation of the guarantee deed received during the employment in the lawsuit petition. According to the aforementioned provision of the Law, a clear and unambiguous judgment must be rendered on all claims subject to the lawsuit.
3- While the starting dates of the interest to be accrued on the claims other than severance pay should be determined accordingly by taking into account the plaintiff’s default notice and the claims subject to the default notice, it is also inappropriate to ignore the default notice and to award interest according to the dates of the lawsuit and amendment, and it required a reversal.
F) Conclusion:
It was unanimously decided on 18/02/2020 that the appealed decision be DISMISSED for the reasons written above, the trial attorney fee of 2.540.00 TL, which was appreciated in favor of the defendant, be charged to the plaintiff, and the prepaid appeal fee be returned to the relevant person upon request. (¤¤)</b
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