Court of Cassation upholds dismissal of employee for workplace misconduct

The Turkish Court of Cassation has upheld the termination of a sales employee's contract following a dispute in an Izmir store. The employee had filed a lawsuit seeking to correct their termination code, alleging they were subjected to mobbing and insults by the store manager.

The employer defended the dismissal, stating the employee engaged in verbal altercations with the manager in front of other staff, disrupted workplace peace, and compromised security. The Izmir 2nd Labor Court initially ruled that the employee's actions constituted “harassment” (sataşma) and violated ethical values, justifying the termination under Labor Law No. 4857.

This decision was subsequently upheld by the Izmir Regional Court of Justice. Upon appeal, the 9th Civil Chamber of the Court of Cassation reviewed the case and confirmed that the lower courts' decisions were in accordance with the law, finalizing the dismissal of the employee's claim.