Individual Application of Ayla (Şenses) Kara

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The applicant, Ayla (Şenses) Kara, filed a complaint against a male co-worker, H.A., who insulted her. After filing her complaint, the applicant’s employer terminated her employment contract notwithstanding the fact that she had been the one who had been insulted. The Court of First Instance accepted the applicant’s complaint because her employment contract had been terminated “without any valid reason” and ruled that she should be re-hired. The Court of Appeals affirmed the lower court’s decision. Despite being ordered to re-hire the applicant, the employer failed to employ her. The applicant filed a lawsuit before the Court of First Instance to address her employer’s violation of that order. She claimed that she was dismissed as a result of gender discrimination while the male employee who should have been dismissed was allowed to stay on, which was a violation of her rights to equal treatment and a fair trial. The Court of First Instance rejected the lawsuit because it had already ruled on her termination and it was not possible for her to claim compensation based on the same event. The Court of Appeals also rejected her appeal which led to her individual application to the Constitutional Court. The Constitutional Court set aside the lower courts’ decisions and remanded the case to the Court of First Instance for re-trial. The Constitutional Court rejected her claim that her right to equal treatment had been violated because there was inadequate evidence to find discriminatory intent. However, the Constitutional Court held that he right to a fair trial had been violated because of an unjustified judgement. The court found an unjustified judgement in her case because the lower courts had failed to properly assess her claim of gender discrimination.

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