Can The Employee Rely On Other Grounds For Termination Even If He/She Cannot Prove Defamation?
Although many times in their working life, workers may encounter insults, they may have problems in proving this situation. An employee in this situation may also rely on these in the notice of termination if he/she has other justified reasons. However, these reasons must be stated separately and clearly in the notice of termination. Otherwise, the Court of Cassation, in accordance with the “principle of loyalty to the reason for termination”, does not accept the reliance on the reasons for termination to be raised later.
In the decision of the 7th Court of Cassation on the subject; “The court decided to accept the severance pay by stating that the plaintiff’s mobbing and insult allegations could not be proven, but that he had just cause to terminate his employment contract due to non-payment of overtime receivables. The claimant is bound by the reason for termination and cannot change it later. The plaintiff never stated the non-payment of labor receivables as the reason for termination in the termination notice and also could not prove the issues that he stated as the reason for termination, as accepted by the court. In addition, the defendant has also failed to prove that the plaintiff’s response to the notice of termination
that he had been mobbed and that the person he had threatened to dismiss him was not authorized to do so. Since the plaintiff is bound by the reason for termination and cannot change it, it is erroneous to accept the severance pay claim with a different justification while it should be rejected, and it required a reversal. ”
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