World · Middle East · 18 hrs ago

Turkey’s top court bars leaked WhatsApp messages as grounds for dismissal

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.

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What people are saying

EmployeeSales team leader and claimant
the messages were obtained unlawfully, they cannot be grounds for dismissal
via Sözcü Gazetesi
EmployerEmployer in the case
the worker used rude and ugly words in the group, his statement was taken, and he was dismissed for just cause
via Sözcü Gazetesi