Unneccesity of Apologia in Termination With Good Cause
It is discussed in the decision with the number 2009/11728 E of the 9th Law Department of Court of Appeals if apologia is mandatory in case of a termination with a good cause by the employee. This is significantly important in the reemployment lawsuits brought by the employee who is terminated with a good cause by the employer. As it is known, the termination with good cause because of the employee behaviours is invalid unless an apologia is required from the employee. It is open to arguments if the same should be applied in the terminations with good cause. This decision which is being discussed set forth with a legal point of view, that apologia is not necessary in terminations with good cause. However an anectode should be stated here, in reemployment lawsuits brought on terminations with good cause, courts generally come to a decision that the good cause as the reason of the termination cannot be a cause but a valid reason for the termination, therefore the reemployment requests must be rejected. At this point, if the reason of the termination is accepted as a valid reason instead of a cause, then it will be a problem for the employer not to require an apologia. Therefore, it is recommended to record an apologia under any circumstance.
In an example that led the decision to be discussed, the plaintiff’s counsel, demanded that the termination was decided to be invalid and the reemployment must be executed as the termination of the claimant was without good cause. The defendant’s counsel defended that demand should be rejected. Yet, it was accepted on account of the fact the the reason for the termination was not stated clearly and the apologia was not recorded. Although the case was accepted with a written alibi, it was enough to be executed. In the case file, it was clear that an official report is recorded by the trainers of the defendant employer and the employees of the cleaning company dated on 21.01.2008 which consists that three of the disabled children had some injuries while the night-worker is on duty on 19.01.2008 , and the defendant employer was informed about the issue by the day-workers of the cleaning company. The Court of Appeals set forth that the court must invite the people who recorded the report to the hearing and stating who were/was the day-workers, and the decision should be made after applying to their testimonial. The Court of Appeals found the court’s acceptance of the case against the law by stating the rules that the employees apologia must be recorded and the reasons of the termination must be clearly stated.