Compensation Lawsuit – The Decision On The Collection Of Damages Is Final Since The Amount Rejected In The Decision On The Collection Of Damages Is Below The Limit Of Appeal – Rejection Of The Appeal Requests Of The Plaintiff’s Attorney
T.C Judiciary Court 23rd Civil Chamber Main: 2016/ 9666 Decision: 2020 / 1094 Date of Decision: 19.02.2020
SUMMARY: The plaintiff’s attorney requested an appeal claiming that the receivable is … TL, and the amount rejected in the court’s decision on the partial acceptance of the case and the collection of the total amount … is final since it is below the appeal limit in terms of amount. Since the court can decide on the appeal requests of the final decisions, as well as the Court of Cassation will decide to reject the appeal request in accordance with the Unification of Case Law Decision numbered …, it was necessary to decide to reject the appeal requests of the plaintiff’s attorney.
(1086 S. Code Art. 427)
At the end of the trial of the compensation lawsuit between the parties, the file was examined, discussed and considered upon the appeal of the judgment for the partial acceptance of the lawsuit for the reasons written in the judgment by the plaintiff’s attorney within the time period.
The plaintiff’s attorney; service procurement between his client and the defendant company
that there is a contract,
the lawsuit regarding the labor receivables filed against his client by the non-suit employee employed by the defendant within the scope of the contract was concluded in favor of the employee and within this scope, his client made a payment to the non-suit employee as a result of the execution proceedings, from this payment made
According to the provisions of the contract, the defendant is liable, and requested a decision to collect the price paid by his client from the defendant.
The defendant did not respond to the lawsuit.
The court, according to the claim, defense, expert report and the entire file scope; the plaintiff’s contract with the defendant
Payment made to the employee working for the defendant according to the SSI records within the scope of the contract signed between them
It was decided to partially accept the lawsuit in line with the expert report determining the responsibilities of the defendant on the grounds that the defendant could claim from the defendant according to the provisions of the contract.
The decision was appealed by the plaintiff’s counsel.
As a result of the amendment made by Law No. 5219, the limit of finality stipulated in Article 427 of the Code of Civil Procedure is 2.190,00 TL for 2016, taking into account the revaluation rate stipulated in Additional Article 4 added to the Code of Civil Procedure by Article 19 of Law No. 5236.
The plaintiff’s attorney requested an appeal claiming that the receivable is 5.729,66 TL, and the amount rejected in the court’s decision regarding the partial acceptance of the case and the collection of a total of 3.811,04 TL is final as it is below the appeal limit in terms of amount. Since the court can decide on the appeal requests of the final decisions, as well as the Court of Cassation will decide to reject the appeal request in accordance with the Unification of Case Law Decision dated 01/06/1990 and numbered 1989/3 Main, 1990/4 Decision, it was necessary to decide to reject the appeal requests of the plaintiff’s attorney.
Conclusion For the reasons explained above, it was unanimously decided on 19.02.2020, on 19.02.2020, that the appeal requests of the plaintiff’s attorney were rejected due to the finality of the court judgment in terms of the accepted amount, and that the prepaid appeal fee should be returned upon request, with the way of decision correction closed.
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