10.07.2026 11:00
In a factory in Bursa, a worker who argued with his supervisor lost his 23-year severance right due to a Supreme Court ruling. Both the worker and the shift supervisor were dismissed without compensation.
A worker who fought with his supervisor, accusing him of being unfair at the workplace, was dismissed without compensation. After the fight, where punches were thrown, both the worker and the shift supervisor were fired for disturbing the peace at the workplace. The Court of Cassation, having the final say in the years-long trial, ruled that the brawling worker lost his severance pay rights accrued over 23 years.
DISMISSED WITHOUT COMPENSATION
K.L., who worked at the factory for exactly 23 years, fought with his supervisor and was dismissed without compensation for physically assaulting his supervisor and starting a fight. The shift supervisor involved in the incident was also fired without compensation. K.L. appealed to the Labor Court, arguing that his employment contract was wrongfully terminated, that the events cited for the termination did not reflect the truth, and that he did not use any swear words or insults toward his supervisor. He stated that he merely expressed his request for fairness during shifts, and in response, the supervisor insulted him and approached him with threatening speech. He claimed the supervisor pulled out a utility knife and tried to attack him, but was restrained by other workers, and that a prosecutor's office investigation was underway regarding this incident. Asserting that the termination of his employment contract was unjust, he requested that severance pay and notice pay be collected from the defendant. In court, the employer testified that the plaintiff's employment contract was terminated for just cause due to the verbal and physical fight he had with his supervisor. The employer explained that around 11:00 PM, during the shift, K.L. started shouting at the shift supervisor, the verbal exchange escalated into a heated argument, and subsequently the parties engaged in a physical fight. The employer further claimed that the plaintiff attacked the shift supervisor with a hard object, hit him on the head, and then punched him, and that the plaintiff insulted the supervisor during the incident. The employer argued that the plaintiff's own defense accepted hitting the shift supervisor, and that written statements from other employees and camera footage confirmed the fight. After company officials learned of the incident, a disciplinary committee convened, and following review of the records and the parties' verbal and written defenses, both workers were given a penalty of dismissal without compensation, and the employer requested dismissal of the case.
WHO STARTED THE FIGHT COULD NOT BE DETERMINED FROM FOOTAGE
The Labor Court noted that based on witness statements, it was not determined who started the fight and for what reason, which party's actions were effective in starting the fight, or whether there were conditions of unjust provocation. It observed that the camera footage showed an argument, but who started the fight and what effective actions each party took could not be determined. The court also stated that no finding was made that workplace order was disrupted. Consequently, the court ruled in favor of the plaintiff, deeming that the defendant failed to prove just cause for terminating the employment contract. The defendant company appealed, and the case came before the Bursa Regional Court of Appeal, 3rd Civil Chamber.
WITNESS STATEMENTS INDICATE HE STRUCK HIM ON THE BACK
The Regional Court of Appeal noted that the plaintiff physically attacked his counterpart during a verbal argument with a worker serving as shift supervisor, and according to witness statements, he struck him on the back, thereby confirming the act of harassment. The court reasoned that although conditions for justifiable termination existed, the Labor Court had erroneously accepted the claims for severance and notice pay instead of rejecting them. Therefore, the court accepted the defendant's appeal, overturned the Labor Court's decision, and ruled to dismiss the case. After the decision was appealed, the case file was submitted to the 9th Civil Chamber of the Court of Cassation. The court upheld the decision of the Bursa Regional Court of Appeal. With this precedent, a worker involved in a fight at the workplace can be dismissed without compensation.