Page 94 - On-merged

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

Case Summaries

Request for Transfer of Staff with Disabilities

The applicant informed that he worked in Gaziantep Documentation Directorate of
the Turkish Standards Institution since 2013, that he was a hearing-impaired person
and in his medical, report his 52% disability was reported. The applicant also stated
that his family resided in Aydın and on 18.04.2016, a negative response was given to his
petition for appointment dated 26.02.2016. The applicant expressed that following this
rejection, he requested for appointment to Aydin Province on 12.07.2017 by citing her
mother’s condition and as a response to his petition “he was offered to work in Manisa
Coal Laboratory”; however, he did not take the offer. The applicant informed that he
finally requested appointment once more on 14.02.2018; however, he was rejected
by the Department of Human Resources of the institution as he was required in the
province he worked; accordingly, he requested that he be appointed to the Provincial
Directorate of Turkish Standards Institution in Aydın Province.
As a result of the evaluation conducted by our Institution, it was concluded that
relevant actions must be taken in order to fulfil the applicant’s request, and a
17
Recommendation was submitted to the administration considering the fact that
disability status in evaluation of applications and positive discrimination in favour
of people with disabilities were secured under the legislation relating to civil servant,
and interpreting the relative legislation together with the Law on Disabled People,
it was understood that “protective and supportive measures for the employees with
disabilities” were included in the relative legislation and that legal arrangements in
question were enacted with a view to taking protective measures on “employment and
working life of people with disabilities”, to preventing social exclusion of people with
disabilities as well as eliminating the problems encountered by people with disabilities
in their working life and taking into account the fact that the practices aggravating
working conditions of people with disabilities and causing their estranging themselves
from social life would contradict relative provisions of the Law on Civil Servants and
the Law on Disabled People.

Mobbing and Ill-Treatment

The applicant was a 20-years veterinarian, who was working as a R&D Coordinator
in the Foot-and-Mouth Diseases Institute. The applicant filed an application to our
Institution because he was systematically subject of verbal abuse in the past two years
by certain people and applied to his institution about it several times; however, he was
away empty-handed and to request an on-site examination of his current office, which
was away from the laboratory and whose working conditions were not eligible after its
replacement with the former one as well as the identification of the mobbing he was
subject of.

17 Recommendation dated 05/04/2019 on the application no. 2018/11948

2019 ANNUAL REPORT 93