The Constitutional Court Has Ruled That Mediation Conducted with the Known Employer Satisfies the Procedural Precondition in the Event of a Change of Party

In its judgment of 18 February 2026 on individual application no. 2022/52228, the Constitutional Court held that, where a party is changed between companies with an organic link, the procedural precondition of mediation is deemed satisfied once the mediation process involving the actual employer has been completed.

In brief, in the case giving rise to the judgment, the applicant brought reinstatement proceedings. The court allowed a change of party under Article 124 of the Code of Civil Procedure, required completion of the mediation process in respect of the actual employer, and upheld the claim. Following appellate review, however, the judgment allowing the claim was set aside and the action dismissed on procedural grounds because no application for mediation had been made against the actual employer before the action was brought. The applicant then lodged an individual application with the Constitutional Court, alleging a violation of the right of access to a court, and the Court found a violation of that right. In its reasoning, the Constitutional Court stated that, in addition to satisfying the requirements of lawfulness and a legitimate aim, the interference also had to be assessed for proportionality. It found the regional court of appeal’s interpretation—that the mediation requirement had not been fulfilled before the action was brought—erroneous because it:

failed to take into account the organic link between the companies and the excusable mistake made in good faith; and
amounted to an unduly strict interpretation of the right of access to a court, imposing a heavy burden on the applicant and creating a risk of loss of rights.

On those grounds, the Court held the interpretation to be erroneous and established through this judgment that, where a party is changed, completion of the mediation process within the period allowed should be regarded as sufficient. The judgment is available at the following link:

https://kararlarbilgibankasi.anayasa.gov.tr/BB/2022/52228

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