Precedent Ruling from Labor Court: Undated Resignation Letter Deemed Invalid
In the reinstatement lawsuit filed by security guard M.K., the court ruled that the undated, handwritten resignation letter presented by the employer as evidence was legally invalid, determining the termination to be unjust.
M.K., who was dismissed from the workplace where he worked as a security guard, resorted to legal action on the grounds that his employment contract was unfairly terminated. The Labor Court and the appellate authority ruled that the undated resignation letter presented by the employer did not reflect the truth and issued a reinstatement verdict.
Legal Struggle of the Dismissed Employee
M.K., whose affiliation with the workplace where he worked as a security guard was severed, applied to the court stating that his employment contract was terminated unjustly. The plaintiff employee stated that he did not resign of his own free will and that the workplace applied the dismissal code unfairly, requesting the invalidity of the termination and his reinstatement.
The Employer's Defense Regarding the Resignation Letter
The defendant employer side requested the dismissal of the lawsuit by claiming that there was a signed resignation letter submitted to the court. As a result of the trial conducted by the court of first instance, the employer's termination was found invalid, a decision was made to reinstate the plaintiff, and the file was moved to the appellate court.
Precedent-Setting Decision from the Regional Court of Justice
The Regional Court of Justice 8th Civil Chamber examined the file and signed a precedent-setting decision. The chamber emphasized that the statements in the document included leaving to work on another project, but the document was undated.
Undated Document Not Considered a Real Resignation
In the court ruling, attention was drawn to the fact that the handwritten document submitted by the employer was undated, making it impossible to understand on what date it was issued. It was stated that the employer, upon whom the burden of proof rested, could not prove that the termination was based on a rightful or valid reason.
Reinstatement and Compensation Verdict Finalized
As a result of the judicial process, it was decided that the termination made by the employer was invalid and the plaintiff was reinstated to his position. Furthermore, the amount of compensation to be paid if the employer fails to reinstate him was determined to be 4 months' gross salary, taking into account the employee's seniority and the reason for termination.