ECC 1019/70

This case involved a request that a provision on the severance pay law for workers in the petrol sector be dismissed. A request was made to consider whether this was constitutional but it was finally confirmed that these workers were not entitled to severance pay.

Background

Some employees filed a case against the defendants and the Cooperative Association for Petrol and requested the court to dismiss Article 14 of the Severance Payment Law on workers in the petrol sector.

The court rejected the case.

The employees appealed the ruling before the court of appeal.

Decision

The court suspended the consideration of the case until another case was settled before the constitutional court. The constitutional court ruled that it had no mandate to consider the case.

The court of appeal abandoned the appealed ruling and ruled the first defendant should pay the employees the value of the severance pay.

The first defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had established its ruling based on the Presidential Decree No. 1111/1974 though the decree did not identify this award.