Constitutional Court rules rights violation in employment contract termination

The Constitutional Court deemed it a violation of rights that the fundamental claims of a bank employee, whose employment contract was terminated due to insufficient performance while on sick leave and just 2 days before completing the 6-month seniority period, were not examined.

Development of the Incident and Termination Process

The employment contract of G.K., who worked as a specialist at a bank, was terminated on the grounds of insufficient performance just 2 days before the completion of the 6-month seniority period. Said termination notice was delivered while the employee was on sick leave due to COVID-19 contact.

Judicial Process and Court Decisions

The employee applied to the judiciary, defending that their performance was not low and that the dismissal was in bad faith. While the local court ruled in favor of reinstatement, the appellate authority dismissed the case on the grounds that the 6-month seniority requirement had not yet been fulfilled.

Evaluation by the High Court

The Constitutional Court drew attention to the timing of the termination and the notification made during the sick leave period. The high court emphasized that the employee's allegations of bad faith were not sufficiently examined by the lower courts.

Emphasis on the Right to a Reasoned Decision

In the decision published in the Official Gazette, attention was drawn to the legal consequences of the courts ignoring the employee's fundamental claims. The Constitutional Court evaluated this deficiency within the scope of the violation of the right to a reasoned decision.