World · Middle East · 18 hrs ago
Turkey’s top court bars leaked WhatsApp messages as grounds for dismissal
A sales team leader in Turkey was fired after a co-worker shared messages from a private WhatsApp group with the employer.
The employer said the messages contained offensive language, but the worker argued they had been obtained unlawfully.
The Court of Cassation ruled the messages could not justify dismissal because they were obtained in breach of privacy.
It upheld the worker’s right to severance and notice compensation, but sent the compensation calculation back for review because the lower court used the wrong period to calculate pay.
The court also overturned an award for overtime, finding that the worker lacked specific proof of extra hours beyond signed pay records and limited witness accounts.
The ruling draws a line around employers’ use of private messages while also setting a strict standard for workers claiming unpaid overtime.
The case will be reviewed again to recalculate compensation and reconsider the overtime claim.
Turkey’s Court of Cassation ruled that WhatsApp messages obtained unlawfully cannot be used as grounds for dismissing an employee.
The case involved a sales team leader fired without compensation after messages from a private workplace group were sent to the employer by another worker.
The court upheld the employee’s entitlement to severance and notice pay.
It overturned the lower court’s overtime award and ruled that severance and notice pay calculations must use the average of payments in the final year before dismissal.
- Who
- Turkey’s Court of Cassation ruled in a case brought by a sales team leader against the employer.
- What
- It said unlawfully obtained WhatsApp messages cannot justify dismissal, while overturning parts of the compensation calculation and overtime ruling.
- When
- The articles were published on November 4, 2026; the date of the court ruling is not stated.
- Where
- Turkey.
- Why
- The messages came from a private WhatsApp group and were obtained without the employee’s knowledge; the court found the evidence unlawful.
The dismissed employee
The employer
Use of private messages
The dismissed employee
The messages were obtained unlawfully and should not justify dismissal.
The employer
The employee used rude and inappropriate language in the group, which the employer said justified dismissal.
Overtime claim
The dismissed employee
The employee sought payment for overtime.
The employer
The employer said overtime had been paid through payroll.
The employer fired the sales team leader after another worker shared messages from a private WhatsApp group.
The local court found the dismissal unjustified and awarded severance, notice and weekly overtime pay.
The regional appeals court rejected the employer’s challenge and upheld the finding that the dismissal was unjustified.
The Court of Cassation upheld severance and notice pay, but overturned the overtime award and part of the compensation calculation.
- Employee
- Sales team leader
- Messages
- From a private workplace WhatsApp group
- Severance and notice pay
- Upheld by the Court of Cassation
- Overtime award
- Lower court’s weekly 10-hour award overturned
- Compensation calculation
- Use average payments in the final year before dismissal
3 sources
What people are saying
the messages were obtained unlawfully, they cannot be grounds for dismissal
the worker used rude and ugly words in the group, his statement was taken, and he was dismissed for just cause