3 employees were fired in a group among themselves on WhatsApp, who made speeches insulting company executives and disparaging their products. Both the local court and the appeal rejected the reemployment case.
A workplace in Sakarya fired 3 employees who disparaged the products in the group that the employees established among themselves on the instant messaging platform WhatsApp. Although one of the workers filed a reemployment lawsuit for unjust termination, both the local court and the appeal rejected the case. The Supreme Court found the worker right in a similar file.
In the petition of the plaintiff worker, he stated that his client was the product promotion representative in the defendant company between 2014 and 2018, and that his employment contract was terminated on February 16, 2018, on the grounds that he wrote negative articles about the company’s product in WhatsApp group correspondence with his colleagues.
The correspondence in the WhatsApp group is considered insulting
In the petition, it was stated that the correspondence in an end-to-end encrypted system is closed to third parties and cannot be used as evidence, the termination made on the grounds of these correspondences will be invalid, and the work written here should be considered as private data within the scope of the privacy of private life.
The attorney of the defendant company demanded the rejection of the case, stating that the plaintiff had insulted and insulted the company executives in the correspondence of the WhatsApp group, encouraged his colleagues to write negative articles about the product of the company, tried to damage the name of the company, and that the termination made on these grounds was justified.
LOCAL COURT DECIDES THE DISCLAIMER OF THE CASE
In the local court decision, he decided to dismiss the case, stating that the termination made by the employer was justified. Sakarya Regional Court of Justice 9th Law Office, where the plaintiff worker made an objection through his lawyer, pointed out that there is no evidence or claim that the WhatsApp correspondence was obtained by the employer through fraud or threats, ” It was understood that it would be unfair to wait for them to work in the same environment with the plaintiff after the workplace officials learned about the seriously insulting correspondence written against them.
EMPLOYEE IN A SIMILAR CASE WAS JUDGED
The 9th Civil Chamber of the Supreme Court of Appeals had previously made a decision regarding a similar case. In the decision, it was stated that WhatsApp is protected within itself and it is closed to third parties, “Therefore, it is not forbidden for workers to establish a group and to communicate here as long as it does not disrupt the work flow and does not affect the work. Based on this correspondence, the termination of employment is unfair, and the rejection of the severance and notice pay claims is wrong.