The 9th Civil Chamber of the Supreme Court’s decision numbered 2021/9606 E. and 2021/13089 K. was published in the Official Gazette dated 19 November 2021 and numbered 31664. With the decision, a precedent was established on three important issues regarding employment law-related disputes.
What does the decision say?
According to the decision, the plaintiff claimed the payment of unpaid wages, minimum living allowance as well as some other receivables.
As per the decision:
- Rendering a decision without taking into account the evidence and witness list submitted by one of the parties within due time means the restriction of the right to defense, which is a constitutional right.
- Some of the employment receivables that are requested as part of the lawsuit petition were not discussed during the mediation stage and the court separated the lawsuit in relation to these receivables. In this regard, it is wrong to decide in relation to the merits on these receivables subject to separation under the current case file.
- The judge is bound by the demands of the parties and cannot decide more than what is requested. Therefore, it is wrong for a court decide on the application of highest deposit rate by exceeding the plaintiff’s demand in a case where the plaintiff requested the application of statutory interest.
Conclusion
The effects of this decision given by the 9th Civil Chamber of the Supreme Court should be followed and taken into account by the employers in case of legal disputes.
