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[BUSINESS] · Türkiye · 6 sources

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Yargıtay rules workplace insults and phone destruction require higher compensation

The Turkish Court of Cassation (Yargıtay) 9th Civil Chamber has issued a landmark ruling regarding workplace harassment and employee rights. The court overturned a lower court's decision that had awarded only 5,000 TL in moral damages to a long-term employee who had risen from a security guard to a director over 22 years.

The case involved an employer representative who insulted the employee in front of colleagues and physically destroyed the employee's mobile phone. In its reasoning, the high court stated that the compensation was insufficient, noting that “the wound of the tongue does not heal like a sword wound” and that dignity cannot be repaired with symbolic amounts.

Additionally, the ruling addressed the issue of overtime pay for high-level executives. The court emphasized that an employee's job title alone does not disqualify them from overtime claims; rather, actual working conditions and whether working hours are monitored must be considered. The case has been sent back to the relevant Regional Court of Justice for reassessment.

Entities

9. Hukuk Dairesi · Court of Cassation · Yargıtay · İsa Karakaş