NEWSLETTER-2019-metin

240 NEWSLETTER 2019 An Important Decision of the Assembly of Civil Chambers of the Court of Cassation Regarding the Principle of Legal Security* Att. Alper Uzun Summary of the Pre-Decision Process In a lawsuit regarding receivables by an employee from his employer, the court of first instance accepted the case by ruling that the employment agreement was not terminated with just cause. The respondent employer appealed the decision, and stated that the receiv- ables related to termination of the agreement cannot be demanded due to transfer of the workplace, and asserted that the responsibility of the transferor employer should be limited to two years. The 22nd Civil Chamber of Court of Cassation refused the request of appeal, and upheld the decision. Since then, however, revision of decision of the Court of Cassation is not possible in disputes related to labor law, and the court of first instance has written a finalization statement and has closed the case. Afterwards, the employer applied to the 22nd Civil Chamber of Court of Cassation for “correction of material mistake” and approximately 1.5 years after this application, the Chamber re- moved the previous decision of approval, and reversed the decision of the court of first instance. Following the reversal decision, the court of first instance upheld its primary decision and, as the respondent employer appealed the decision, the file was then assessed by the As- sembly of Civil Chambers of Court of Cassation. The important aspect of this decision is that through the appellate review, the concepts of “verdict”, “legal remedy”, “appeal”, “revision of decision”, “retrial”, “appeal in regional court”, “clarification of decision”, “revision”, “definite verdict”, “procedural acquired right in appeal”, “material mistake”, “legal mistake” and “legal security” were referred to. * Article of April 2019