Mediation Application (Arising from Labor Law)

... TO THE MEDIATION OFFICE OF THE COURTHOUSE
(This is a mandatory mediation application arising from labor law disputes)

APPLICANT:
Name and Surname (Turkish Republic Identity Number: …)
Address

ATTORNEY:
Lawyer's Name and Surname,
Address

OPPOSING PARTY:
… Ltd. Co.
Address

SUBJECT:
This is an application for mediation, a prerequisite for litigation in labor law, pursuant to Article 3 of Law No. 7036 on Labor Courts.

EXPLANATIONS:

1. The applicant had worked for the other party's company for many years under an employment contract and had been faithfully committed to the workplace. However, the employment contract was terminated unfairly and without notice, causing the applicant both financial and emotional harm.
2. Following the termination, the applicant filed a lawsuit with the labor court to seek redress for all their rights regarding the unfair dismissal. The court ruled that the termination was invalid and ordered the applicant's reinstatement, or, failing that, the determination of the amount of compensation to be paid.
3. Despite the court's decision becoming final, the opposing party failed to comply with the ruling and did not reinstate the applicant. As a result, the applicant was forced to initiate enforcement proceedings to collect the amounts owed as stated in the court's decision, including wages for the period of unemployment, compensation for failure to reinstate, severance pay, notice pay, and annual leave pay.
4. The opposing party, by raising objections regarding jurisdiction, the principal amount of the debt, the interest rate, and ancillary charges in the initiated enforcement proceedings, aimed solely to delay the creditor's rights. However, these objections are entirely unjust and unfounded.
5. According to Article 67 of the Enforcement and Bankruptcy Law, if the claims are liquid and certain, the creditor to enforcement denial compensation of not less than 20% of . Considering that the applicant's claims are clear and established, it is necessary to award enforcement denial compensation.
6. According to Supreme Court rulings, if a debtor acts in bad faith by delaying the collection of a debt, a right to claim compensation arises. As stated in the relevant decision of the 13th Civil Chamber of the Supreme Court, "The debtor's objection to the debt is in bad faith, and the debt is liquid." In this context, a claim for compensation for denial of execution has become necessary to protect the applicant's rights.

CONCLUSION AND REQUEST:
For the reasons explained above;

1. The objections of the other party are completely rejected
2. The applicant requests full payment of all debts subject to enforcement proceedings
3. Due to the debtor's malicious objections, enforcement denial compensation of not less than 20% be awarded.
4. If an agreement is reached as a result of mediation talks, the protocol shall be formalized

I respectfully request and demand, on behalf of my client, that a decision be made.

Date: …/…/…
Applicant's
Attorney Name and Surname
Signature