The youth, who claimed to have been removed unfairly from the site where he worked as a private security officer, followed the path of the Labor Court. He demanded severance pay, notice pay, overtime, general holiday, wages and collection of annual leave.
The defendant security company lawyer, on the other hand, defended that the termination was based on the just cause and the rejection of the case. The court ordered the partial acceptance of the case. When the defendant appealed the decision, the 9th Civil Chamber of the Supreme Court of Appeals stepped in.
Decision; It was reminded that during the night watch of the plaintiff, it was determined that he used an arbitrarily indefinite period of time, a vehicle belonging to the site owner and whose key was handed over to him.
‘I GOED TO TAKE SMOKING’
The following statements were included in the Supreme Court decision; “It is obvious that the vehicle entrusted by the security camera images examined after the site resident saw the difference in the fuel gauge was used by the plaintiff.
In the written defense of the plaintiff to the employer, it is understood that he was found empty for a moment and declared that he went to buy cigarettes by the vehicle, and upon this the employer’s termination of the plaintiff’s employment contract.
THE COURT DECIDED WITH THE VOTING
The plaintiff, who is a security officer, arbitrarily uses the vehicle that he is responsible for protecting the key, and leaves the site where he is responsible for his safety, as well as violating the rules of accuracy and loyalty, as well as endangering the safety of the workplace.
In this case, the rejection of severance and notice claims must be accepted by accepting that the termination made to the employer is based on the rightful reason according to the 25 / II- and Article I articles of the 4857 numbered Labor Law. The acceptance of requests in writing was erroneous and required distortion. The decision was overturned unanimously. ” (IHA)