In the ruling published in the Official Gazette, the Constitutional Court considered the appeal court's rejecting the case on procedural grounds because the reemployment box in the mediation form was not ticked as a violation of the right of access to court.
The High Court did not regard the failure to mark the reinstatement box on the mediation form as a deficiency eliminating the right to sue. The decision is a precedent for workers in similar situations. The case of applicant U.Ö. will be retried.