Good News Lawsuit Decision for Workers from the AYM
Official titleDecision of the Constitutional Court Dated 18/2/2026 and Application Numbered 2022/52228
The procedural dismissal of a lawsuit on the reasoning that a separate mediation process was not conducted for the new party despite a change of parties in labor lawsuits has been evaluated by the AYM as a violation of the right of access to court.
Details of the Regulation
The applicant filed a lawsuit for return to work upon the termination of their employment contract while working as a cleaning worker. At the initial stage, they conducted a mediation process against one of the group companies and filed a lawsuit. When it was understood during the proceedings that the actual employer was a different group company, a change of parties (voluntary change of party) was made by court decision. However, the Regional Court of Justice ruled for the procedural dismissal of the lawsuit due to the absence of a cause of action on the reasoning that a separate mediation process had not been completed with the new company against which the lawsuit was directed.
In its examination, the Constitutional Court determined that the applicant's mistake in identifying the addressee due to the organic link between the group companies was an 'acceptable mistake' and was not contrary to the principle of good faith. The Court stated that the change of parties made by a judge's decision pursuant to Article 124 of the Code of Civil Procedure must be interpreted to encompass the mediation cause of action as well. It was concluded that, under the present circumstances, dismissing the lawsuit without examining its merits imposed an excessive burden on the applicant and impaired the essence of the right of access to court.
Questions You Might Have
- If I file a lawsuit against the wrong company, will my lawsuit be automatically dismissed?
- No, if the error is an 'acceptable mistake', the court allows a change of parties and your lawsuit continues.
- Is it mandatory to go to mediation again after a change of parties?
- According to this decision of the AYM, if the party was changed by a judge's decision, the previous mediation process must be deemed valid, and a new process must not be sought.
- Will I be able to receive compensation after this decision?
- The AYM rendered a violation decision and ordered a retrial of the lawsuit; compensation was not awarded to the applicant, but the avenue of a retrial was opened to remedy the loss of rights.
Key Terms
- İradi Taraf Değişikliği
- The procedure of replacing the defendant party with the permission of the court under certain conditions after a lawsuit has been filed.
- Dava Şartı
- The legal conditions that are mandatory for a lawsuit to be examined on the merits (for example; mediation).
- Mahkemeye Erişim Hakkı
- The authority of persons to apply to judicial authorities to seek their rights and to request that the merits of the dispute be examined.
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REGAS Commentary
This decision is of vital importance, especially for workers employed within complex corporate structures (subcontractor, principal employer, or group companies). In the event that a worker makes a bona fide error and files a lawsuit against the wrong company, and subsequently corrects this error with the approval of the court, it will no longer be possible for the proceedings to be dismissed from the very beginning on the grounds that 'you did not go to mediation'. The decision is a strong precedent emphasizing that excessive formalism in the judiciary must not hinder the freedom to seek legal remedies.