CAN THE EMPLOYEE WITHSTAND THEM IF HE CANNOT PROVE THE INSULT, BUT THERE ARE OTHER JUSTIFIABLE REASONS FOR TERMINATION?

06 Dec CAN THE EMPLOYEE WITHSTAND THEM IF HE CANNOT PROVE THE INSULT, BUT THERE ARE OTHER JUSTIFIABLE REASONS FOR TERMINATION?

Although workers face insults many times in their working lives, they may have problems proving this situation. Here is a worker in this situation, if he has other justifiable reasons
it can also be based on them in the termination notice. However, it must also and clearly state these reasons in the notice of termination. Otherwise, the Court of Cassation, in accordance with the ”principle of commitment due to termination”, will then
it does not accept to be based on the reasons for termination that will be raised. Court of Cassation 7. H.D.”The court decided to accept the severance pay, stating that the plaintiff’s claims for mobbing and defamation could not be proven, but it was also the rightful reason to terminate the employment contract due to non-payment of overtime pay. The plaintiff is bound by the reason of termination and cannot change it later. The plaintiff in no way stated the non-payment of labor receivables as the reason for termination in the notice of termination and also failed to prove the matters he stated as the reason for termination as the court agreed. In addition, the defendant informed the plaintiff’s response to the notice of termination notice that he had been mobbing himself in the warning article and that the person he had threatened to dismiss himself was not authorized to do so. Since the plaintiff is bound by the reason of termination and cannot change it, the severance claim must be rejected, while its acceptance on a different basis is erroneous and required to be overturned. “it has been evaluated as the Supreme Court.