Unfair Termination for Whistleblowing: A Valid Reason under Turkish Labor Law

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A recent ruling by the Turkish courts has shed light on a critical issue in employment law, specifically regarding the termination of an employee who whistleblows about illegal or unethical practices within their workplace. The court’s decision highlights the importance of protecting employees who report wrongdoing, while also emphasizing the need for them to follow proper procedures.

Balancing Interests

Under Turkish Labor Law, employers have a legitimate interest in maintaining a work environment that is free from harm and promotes productivity. However, this interest must be balanced against the employee’s right to freedom of expression and their duty to report any illegal or unethical practices they become aware of during their employment.

Whistleblowing as a Valid Reason for Not Termination

The court’s decision emphasizes that whistleblowing by an employee who acts in good faith, without personal gain, and follows a reasonable procedure is not a valid reason for termination. In fact, the employer may be seen as having breached its own duties if it fails to take appropriate action against wrongdoing or ignores reports of illegal practices.

Protection of Employees

Furthermore, the court’s ruling underscores the importance of protecting employees who whistleblow about serious breaches of law or ethics, even if those breaches do not directly harm the employee themselves. This is in line with international best practices and EU directives on whistleblowing, which recognize that reporting wrongdoing can be a vital public interest activity that deserves protection.

Conclusion

In conclusion, the Turkish courts’ decision provides welcome clarity for employees who may feel hesitant to speak out against wrongdoing due to fear of retaliation. It also serves as a reminder to employers of their duties to create a safe and ethical work environment, and to take appropriate action when notified of illegal or unethical practices.

References

Alp Mustafa, “Employee’s Disclosure of Breaches of Law in the Light of the European Union’s Directive 2019/1937 on Whistleblowing,” Journal of Dokuz Eylul University Faculty of Law (2021)
Aydin Ufuk, “Employee Whistleblowing in Terms of Labor Law,” Anadolu University Social Sciences Journal (2002)
Dilara Yanginci Sevval Tekin, “Whistleblowing in Turkish Labor Law,” Whistleblowing of Workers in Terms of Labor Law, Anadolu University Journal of Social Sciences (2022)

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