Claiming The Notice Compensation Not Requested With The Petition Of Lawsuit With The Amended Petition
T.C. JUDICIARY 9TH CIVIL CHAMBER, E. 2014/33001, K. 2016/4881, T. 7.3. 2016
* ACCEPTANCE OF NOTICE COMPENSATION NOT REQUESTED IN THE LITIGATION PETITION THROUGH THE PETITION FOR AMENDMENT ( Principle of Economy of Procedure – The Plaintiff Requests the Notice Compensation Not Requested in the Lawsuit Petition Due to the Termination of the Employment Contract Through Amendment / It is Necessary to Decide on the Merits of the Plaintiff’s Notice Compensation Since It Arises from the Same Relationship )
* LABOR RECEIVABLES LAWSUIT ( In accordance with the principle of procedural economy, an item of claim related to labor that is not claimed in the petition for the lawsuit due to arising from the employment contract can be claimed with the petition for amendment – Decision on the merits of the plaintiff’s notice compensation due to arising from the same relationship)
* PRINCIPLE OF PROCEDURAL ECONOMY (Pursuant to the Principle of Procedural Economy, an item of claim related to labor that is not claimed in the Statement of Claim due to arising from the employment contract can be claimed through the Petition for Reformation – The Plaintiff Requests the Notice of Notice Compensation, which he did not request in the Statement of Claim due to the termination of the employment contract, through the Petition for Reformation / A Decision Will Be Made on the Merits of the Plaintiff’s Notice of Notice Compensation Since It Arises from the Same Relationship)
4857/m. 17
6100/m. 176
SUMMARY : The case is a labor receivables case.
In accordance with the principle of procedural economy, it is accepted that an item of receivable related to labor, which is not requested in the petition of lawsuit due to its arising from the employment contract, can be requested with the amendment petition. During the proceedings, the plaintiff requested the notice compensation, which he did not request in the petition due to the termination of the employment contract, by way of amendment. Due to the stated principle and the fact that it arises from the same relationship, a decision should be made on the merits of the plaintiff’s notice pay. It is erroneous to decide to reject this request on the grounds that the notice pay was not requested in the petition and cannot be requested through amendment.
LAWSUIT : The plaintiff requested a decision to pay severance pay and overtime wages, wage receivable, national holiday and general holiday wage, week holiday wage, annual leave wage receivables.
The local court decided to partially accept the lawsuit.
Since the judgment was appealed by the plaintiff’s lawyer within the time limit, the file was examined after the report prepared by the Examining Judge for the case file was listened, and the file was examined and the necessity was discussed and considered:
DECISION : A-) Summary of the Claimant’s Request:
The plaintiff claimed that he worked for the defendant … in the companies that bought … by tender, that they were dismissed on 31.12.2008, that his employment contract was terminated, and requested a decision to collect severance pay, overtime pay, national holiday-general holiday pay, week holiday pay, annual leave pay receivables from the defendants.
B-) Summary of Defendant Response:
The defendant … in its reply petition; the defendant claimed that the administration was not a party to the employment contract, that the parties to the employment contract were the other defendant and the plaintiff, and that the administration would not be responsible for anything according to the contract between them and the other defendant bakery.
The defendant … attorney; defended that he worked for … in 2006-2007-2008, that the plaintiffs declared that they would not file a lawsuit with any claim related to the company’s work in the releases prepared and signed by the plaintiffs themselves, and that the plaintiff declared that there was no receivable left in this period after leaving work on 31.12.2008 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 accept the claims for severance pay, overtime pay, national holidays, general holiday pay, annual leave pay, and to reject the claims for week holiday pay and notice pay, on the grounds that it could not be proved that the employment contract was unfairly terminated by the defendant employer by the plaintiff or for just cause.
D-) Appeal:
The plaintiff’s counsel appealed the decision within the legal period.
E-) Grounds:
1-)According to the writings in the file, the evidence collected and the legal grounds on which the decision is based, the plaintiff’s appellate objections other than those covered by the following paragraph are not relevant.
2-)In procedural economy, which serves the efficiency of the proceedings, it is ensured that the judge reaches a fair decision by facilitating the proceedings within the framework of the order stipulated by the Law, without causing unnecessary loss of time and unnecessary expense … defines this principle as “providing justice cheaply, quickly and accurately”.
In the established practice of our Chamber; in accordance with the principle of procedural economy, it is accepted that an item of receivable related to labor, which is not requested in the petition of lawsuit due to arising from the employment contract, can be requested by amendment of the petition. During the proceedings, the plaintiff requested the notice compensation, which he did not request in the petition of lawsuit due to the termination of the employment contract, by way of amendment. Due to the above-mentioned principle and the fact that it arises from the same relationship, it is necessary to decide on the merits of the plaintiff’s notice pay. It is erroneous for the court to decide to reject this request on the grounds that the notice pay was not requested in the petition and cannot be requested by way of amendment.
CONCLUSION : It was unanimously decided on 07.03.2016 that the appealed decision shall be DISMISSED for the reasons written above, and the prepaid appeal fee shall be returned to the relevant party if requested.