When the customer, who came to the shop where he worked, asked for too many bags at the end of the shopping, the decision was made for the cashier who said ‘salak’ as an insult. The young girl, who applied to the Labor Court, claimed that she was unfairly removed from the market where she worked as a cashier and demanded the collection of her severance and notice pay.
The employer, who made a defense at the court, claimed that the plaintiff cashier continued to act insulting customers despite all warnings. . The court ruled the acceptance of the case.
When the defendant employer appealed the decision of the new HES in that province, the 9th Legal Office of the Supreme Court of Appeals came into play. The department drew attention to the disagreement between the parties as to whether the employment contract was rightly terminated by the employer due to the employee’s words or behaviors contrary to honesty and commitment. It was stated that in the subparagraph (II) of the 25th article of the Labor Law numbered 4857, the cases that do not comply with the rules of ethics and goodwill are listed. It was reminded that worker behaviors that do not comply with integrity and loyalty such as abuse of trust of the employer, stealing, revealing professional secrets of the employer give the employer a rightful termination opportunity. The employer gives the employer the opportunity to terminate his words and behaviors that are contrary to the debt of loyalty. In concrete disagreement; From the information and documents in the file, it is clear that the plaintiff, who works as a cashier, behaved rude and aggressively towards the customers, that the customers had written complaints about the plaintiff, and this issue was even confirmed by the plaintiff’s witnesses.
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It is understood that the employer made 4 written warnings to the plaintiff and the plaintiff was subjected to customer communication training twice, in the case of dissolution, the plaintiff again argued with a customer because he asked for too many bags and said ‘idiot’ in response to the customer. Thereupon, the plaintiff was dismissed by the employer. In the face of these evidences, written warnings and trainings, it is wrong to take the severance and notice compensation claims that should be rejected by accepting that the employment contract of the plaintiff who violates the obligation of loyalty by not correcting the behaviors that will cause the employer’s reputation and customer loss. It was unanimously decided that the appealed decision be reversed due to the reason written above. ”
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