Examination of termination related to performance in the light of supreme court decisions

In working life, performance deficiency refers to the failure to meet certain expectations. This situation emerges as a sensitive issue that must be evaluated within a delicate balance, particularly in terms of both employer and employee rights. From the employer's perspective, performance deficiency can lead to problems such as loss of productivity, increased costs, customer dissatisfaction, decreased team morale, and reduced competitive power. From the employees' perspective, it can result in a series of negative consequences, including concerns over job security, obstacles to career advancement, loss of morale and motivation, increased workload, regression in professional development, and issues in workplace relationships. Therefore, it is clear that performance deficiency is not a desirable outcome for either party. Consequently, preventing performance deficiency is primarily the employer's responsibility. Employers should take various steps such as setting clear expectations, offering training and development programs, providing communication and feedback opportunities, offering rewards and recognition, improving recruitment and placement processes, and establishing mentoring and coaching services. Employees, on the other hand, should approach these initiatives positively and participate in them, while also striving to maintain a balance between their work and personal life. However, often both sides fail to do their part, which leads to issues between them. In this context, termination of employment due to performance deficiency is frequently implemented. Fortunately, the main principles regarding working life are regulated under the Turkish Labor Law No. 4857, which ensures that the implementation of these issues is not left to the will of the parties involved. However, it should be noted that the explanations in the Labor Law No. 4857 regarding this issue are limited. As a result, interpretation plays a significant role in related legal cases. In this thesis, cases involving employees whose contracts were terminated due to performance deficiency and brought to the Court of Cassation have been examined. The aim of the thesis is to understand how the Court of Cassation evaluates the issue in order to maintain the balance between employee rights and the employer's business rights. The thesis was conducted using literature review and document analysis methods. Initially, the concept of performance deficiency and the fundamental principles related to the termination of employment were examined through literature review. Then, 10 case files related to the issue, ruled by the Court of Cassation, were analyzed, and trends and key points that emerged from these decisions were identified. This study may contribute to the development of regulations and judicial practices aimed at ensuring a balance between employers and employees.