Approval from the Supreme Court to Dismissal of the Worker Who Hit His Colleague Without Compensation
The 9th Civil Chamber of the Supreme Court of Appeals found it lawful to dismiss the worker who hit the shift supervisor's head with an object in his hand, without compensation.
Quick Look
The 9th Civil Chamber of the Supreme Court of Appeals found it lawful to dismiss the worker who hit the shift supervisor with an object during an argument in Balıkesir, without paying severance and notice pay.
AI-generated summary
Why It Matters
The 9th Civil Chamber of the Supreme Court of Appeals made a precedent decision regarding termination without compensation in cases of fights and violence in the workplace.
The 9th Civil Chamber of the Supreme Court of Appeals found it lawful to dismiss the worker without compensation for hitting his colleague during an argument at work.
According to the decision of the department; During an argument at a workplace in Balıkesir, one of the workers hit the head of the shift supervisor with an object, claiming that he was not acting fairly. Thereupon, the worker's employment contract was terminated without compensation.
The worker, who filed a lawsuit demanding the payment of severance and notice pay, claimed that "even though he did not swear or insult, he was approached in a threatening manner and walked towards him, therefore he defended himself" and claimed that the termination was unfair.
The defendant workplace also requested the rejection of the case, stating that the incident was recorded and that there were witnesses to the incident.
Kepsut Civil Court of First Instance, which handled the case as a labor court, stated that it could not be determined who started the fight and for what reason, and that the conditions of unfair provocation could not be revealed.
Open Questions
- Why was the worker's claim of unfair provocation not proven?
- How will this decision of the Supreme Court affect similar cases?
