18.05.2026 15:40
The Court of Cassation ruled that the will of workers who were taken to a mediator on the day of their dismissal and made to sign documents may have been formed under duress. With this decision, it was ruled that signatures obtained through the "fast-track mediation" method could be deemed invalid.
The Court of Cassation has issued a landmark ruling on the controversial "fast-track mediation" practice, which causes disputes between employees and employers. The high court noted that the will of workers who are rushed to a mediator on the day of their dismissal and made to sign documents may be formed under pressure, ruling that such signatures can be considered invalid.
LANDMARK RULING FROM THE COURT OF CASSATION
Social Security Expert İsa Karakaş evaluated the notable decision of the 9th Civil Chamber of the Court of Cassation in his column in Türkiye Newspaper. The ruling imposes legal limits on the method frequently used by employers recently, known in the public as "fast-track mediation."
The Court of Cassation emphasized that being quickly directed to a mediator and made to waive rights on the day of dismissal does not create a genuine negotiation environment. The court stated that using this method to prevent workers from filing lawsuits is unacceptable.
THEY TURNED HEALTH ISSUES INTO AN OPPORTUNITY
In the incident subject to the landmark ruling, the employment contract of a worker, who had been employed in a factory for over 6 years and was undergoing treatment for severe anxiety, was terminated on the grounds of health issues.
According to allegations, the worker, who was using strong medication, was taken to the office of the mediator appointed by the company on the day of dismissal. The worker was told that all their rights would be paid and made to sign some documents. However, it was revealed that the amount given to the worker, despite 6 years of service, was lower than the compensation received by another employee with 3 years of seniority at the same workplace. Consequently, the worker brought the matter to court.
COURTS DETERMINE "RIGHTS VIOLATION"
The Labor Court ruled that the signed minutes were invalid, stating that the worker was included in the mediation process on the day of dismissal and was not given sufficient time to make a healthy assessment.
The court also noted that there was no evidence that the process began with the worker's free will and that no reasonable additional benefit beyond legal rights was provided to the worker.
The employer's appeal was also rejected by the Regional Court of Appeal. The appellate court stated that the weak condition of the worker on heavy medication was exploited and that completing the termination and mediation procedures on the same day indicated a lack of genuine bargaining environment.
BRAKE ON THE "FAST-TRACK MEDIATION" METHOD
Finally reviewing the case file, the 9th Civil Chamber of the Court of Cassation upheld the decision of the Regional Court of Appeal as it was in accordance with the law.
With this ruling, it has been clarified that signatures obtained when a worker is under pressure or in a difficult situation can be legally considered invalid. Thus, an important precedent has been set against employers' fast-track mediation methods aimed at eliminating workers' right to sue.