Supreme Court Decision Using Work Phone Without Permission Grounds for Dismissal Without Compensation!
The General Assembly of the Supreme Court of Appeals ended the ongoing case between an employee and an employer with a precedent decision. In the case that arose because the employee used the workplace phone without permission, YHGK ruled that the employee could be dismissed without compensation.
Today, YHGK signed a precedent decision in the case between an employer and its employee, penalizing the employee’s use of the telephone line that belongs to the employer and is allocated to the employee for use.
According to the decision, if the employee uses the line that was not given to him without permission, the employee can be fired without receiving compensation.
Coming to the case in question; It started with a claim that a person working as an automation machine operator of a food and beverage company was using the data line installed in these machines for his personal work. The employer, who discovered that a series of conversations had taken place on the lines, fired the employee without paying compensation. The employee applied to the Labor Court and filed a lawsuit, claiming that the employment contract was terminated without just cause.
The court defended the employee, but the employer appealed the decision.
In his application to the court, the employee requested a decision to collect severance and notice pay, annual leave, wages and pleasure wages from the employer.
The employer, on the other hand, is subject to Article II of Article 25 of the Labor Law No. 4857 after it is determined that the employee is personally using the data line in the automations. He stated that the employment contract was terminated for just cause in accordance with subparagraph (e) of paragraph (e) and requested the rejection of the case.
The Labor Court ruled to partially accept the case. After the case ended in favor of the employee, the employer appealed the decision. After this, the 9th Civil Chamber of the Supreme Court of Appeals got involved in the incident and ruled that the employee who used the workplace phone without permission should be fired without receiving compensation and overturned the court decision, but the process was prolonged again and this time the case was moved to the General Assembly of the Supreme Court of Appeals.
YHGK reminded that in its decision, it was determined that the plaintiff, after replacing the faulty telephone lines in the automation machines for which he was held responsible by the employer, did not deliver one of these telephone lines to the defendant employer after the replacement, but made private conversations with this line.
Moreover, it was stated that it was understood that the employer made a payment of 1000 Turkish Liras because the employee used the phone line in question, and according to the information, the plaintiff employee made calls to his relatives via this line.
The General Assembly of the Supreme Court of Appeals stated that the termination of the employee was based on justified reasons and decided to reject the employee’s requests and overruled the decision of the Labor Court.