Decision Of The Court Of Cassation Regarding Failure To Amend Labor Claims
T.C Judiciary Court of Appeal 9th Civil Chamber Esas: 2015/ 36236 Decision: 2019 / 19791 Date of Decision: 13.11.2019
JUDICIARY DECISION
COURT :LABOR COURT
The appeal of the decision rendered as a result of the lawsuit between the parties was requested by the defendant’s attorney, and it was understood that the appeal requests were in due time. After listening to the report prepared by the Examining Judge for the case file, the file was examined and the necessity was discussed and considered:
JUDGMENT OF THE COURT
A) Summary of the Claimant’s Request:
The plaintiff’s attorney claimed that the plaintiff worked as an “international truck driver” between 04/05/2006 and 15/02/2012, that the employment contract was terminated by the plaintiff for just cause due to non-payment of general holiday wages, non-declaration of earnings based on insurance premiums over the actual wage and reduction of wages, and requested severance pay and general holiday pay, annual leave pay, unpaid wage receivables.
B) Summary of the Defendant’s Response:
The defendant’s attorney argued that the plaintiff left the workplace as a result of a fight with his colleagues, that his last wage was 700.00 TL net monthly, that if he worked on general holidays coinciding with the time he was abroad, he was accrued and paid in the payrolls, that he used his leaves, but that his claims were time-barred, 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 was justified in terminating the employment contract.
D) Appeal
The defendant appealed the judgment.
E) Grounds:
1- According to the writings in the file, the evidence collected and the legal grounds on which the decision is based, the defendant’s appellate objections other than those covered by the following paragraph are not relevant.
2- The dispute between the parties centers on whether the claimant’s claim for the wage differential has been exceeded.
The plaintiff stated in his petition that his monthly wage was reduced from 1,250 Euros to 1,000 Euros without his consent as of the beginning of 2009 and claimed a wage difference of TL 14,230.00. The expert determined that the plaintiff had a wage difference claim of TL 21,060.94. Although the plaintiff did not amend the amount requested in the lawsuit petition, the court exceeded the plaintiff’s request and ruled the amount determined in the expert report, which is contrary to Article 26 of the CCP No. 6100 and the decision had to be reversed for this reason.
F) CONCLUSION:
It was unanimously decided on 13.11.2019 that the appealed decision shall be reversed for the reasons written above, and the prepaid appeal fee shall be returned to the relevant party upon request.
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