244 NEWSLETTER 2021 unquantified debt lawsuit in disputes arising from employment claims and adopted the precedent of the 22nd Civil Chamber of the Court of Cassation. From this point forward, the 9th Civil Chamber of the Court of Cassation, which is now the sole chamber of the Court of Cassation that examines labor and social security law disputes, will reject employment claims that can be objectively calculated, but which are filed as unquantified debt lawsuits on the procedural grounds of lack of legal interest.9 Summary of the Decision In a dispute regarding severance and notice payments and annual leave remunerations, the local court rejected the case on the grounds that there was no legal interest since the amount of the receivable can be specifiable, and the plaintiff’s attorney appealed this decision. During appellate review, the 22nd Civil Chamber emphasized that an unquantified debt lawsuit is a special type of lawsuit. It decided that the lawsuit should be accepted as a partial lawsuit since it was not clearly stated in the lawsuit petition that it was filed as an unquantified debt lawsuit, and it was understood from the lawsuit petition that it was filed as a partial lawsuit. However, the local court stood by its prior decision, claiming that the lawsuit should be classified as an unquantified debt lawsuit based on the plaintiff’s attorney’s statements in the hearing, and that the employment claims could not be considered as unquantified. Thereupon, the dispute came before the Court of Cassation General Assembly of Civil Chambers, and the General Assembly overturned the decision of the Local Court by making the same evaluation as the 22nd Civil Chamber. Analysis of the Decision In the Decision, the General Assembly of Civil Chambers held that the unquantified debt lawsuit could not be filed due to lack of the required conditions. In this regard, the Decision is in line with the recent approach of the 9th Civil Chamber of the Court of Cassation. In 9 However, it should be emphasized that this change in case law will be valid for lawsuits to be filed after the official publication of the Decision, within the scope of the ban on surprise decisions. Until this announcement, chambers will render decisions according to the case law before the merger.
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