10.10.2026 10:51
Two workers at the same workplace were fired on the allegation that they gossiped about the workplace on WhatsApp. The Regional Court of Appeal ruled for the reinstatement of the plaintiff worker because there was no evidence that the confidential correspondence caused any negativity in the workplace.
Two employees who were dismissed on the grounds that they messaged about their bosses and workplace via WhatsApp had the final word in their legal battle from the Regional Court of Appeal (BAM). Drawing attention to the fact that the closed conversations the employees held among themselves did not disrupt the workflow, the court found the employer's termination unfair and ruled for the reinstatement of the plaintiff employee.
THE EMPLOYER SAID 'WORKPLACE ORDER WAS DISRUPTED,' AND AN APPLICATION WAS MADE TO THE COURT
In the incident, two personnel named M.N. and G.Ü. shared their thoughts and complaints about the work environment via the WhatsApp application. The employer, who became aware of the situation, terminated both employees, claiming that the correspondence created unrest in the workplace. M.N., stating that the employment contract was unfairly terminated, applied to the Labour Court with claims for determination of the invalidity of the termination, reinstatement, and compensation for the time spent unemployed.
The defendant employer, however, argued in its defense that the employees used expressions with their colleagues about the workplace that went beyond gossip and contained insults, and that they also shared secretly taken photographs of some employees. The First Instance Labour Court, finding the employer justified in arguing that the employment relationship could not be expected to continue under these conditions, ruled for the dismissal of the case.
THE COURT OF CASSATION'S PRECEDENT DECISION WAS RECALLED
After the local court's decision, the plaintiff's lawyer took the file to appeal. The BAM 12th Civil Chamber, which handled the file, referred to a precedent decision previously issued by the Court of Cassation 9th Civil Chamber regarding WhatsApp communication. In the Court of Cassation's decision in question, it was pointed out that WhatsApp is a closed and protected system in which people communicate among themselves or in groups. It was emphasized that as long as employees do not obstruct the workflow and do not negatively affect the working environment, they cannot be prohibited from communicating in such groups, and that the protection of this correspondence as personal data is essential.
BAM OVERTURNED THE DECISION: THE EMPLOYEE'S REINSTATEMENT WAS ORDERED
The BAM 12th Civil Chamber, having completed the appellate review, stated that the conversations between the plaintiff and the other employee were confidential and of the nature of personal data. Emphasizing that there was no concrete evidence in the file that this correspondence caused any negativity or work disruption in the workplace, the court concluded that the employer could not base the termination on a justified or valid reason.
The BAM 12th Civil Chamber, which lifted the local court's dismissal decision, definitively ruled that the termination was invalid and that the plaintiff employee be reinstated.