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LABOR LAW
269
Arbitrariness
In the above mentioned decision, it is stated as follows that operational
decisions should not be arbitrary:
“Employer who terminates the employment agreement with an
operational decision should not be arbitrary while using this right
in scope of his management authority and should act pursuant to the
Article 2 of Civil Code. Employee is obliged to prove if the employer
acts arbitrarily.”
Conclusion
The analysis of the termination related to an operational decision
is important for the protection of employee’s statutory rights. In this
framework, the concept “dismissal with fair reasons” related to business
operations decision is defined by the doctrine and by the precedents of the
High Court of Appeals since Labor Law is not clear and open to different
interpretations. In conclusion, it is possible to establish that redundancy
decision may be taken based on the internal management of the business
or any other external reasons. However in any case, the establishment
of real and substantial connection between redundancy decision and
strategic business operations is required to be necessary, while avoiding
unlawful discrimination in the redundancy procedure-such as dismissal
of disabled or older workers in the case of collective redundancy- is a
must and consequently the termination of employment should be ultimate
remedy for the survival of the prosperous business operations.