Abstract:

In the legal judiciary, the labor judiciary has a wide coverage. In addition, labor judgment is regulated by a separate law, taking into account its public nature and unique characteristics. The Law No. 7036 on Labor Courts, which came into force on 25.10.2017, brought important regulations such as compulsory mediation. The expert witness institution, which is one of the tools frequently used by the courts for the settlement of cases in labor justice, has undergone important changes with the Law No. 6754 on Expertise published in the Official Gazette dated 24.11.2016. Serious steps were taken towards the institutionalization of the expert witness, considering the criticisms made in the previous period, issues such as the selection, appointment, and supervision of experts were rearranged. Despite the regulations regarding the controversial areas of the labor judiciary and the expert witness system, problems still exist in the labor judiciary. In particular, the practice of compulsory mediation and the unlawful legal evaluation of expert reports are frequently discussed in the literature. In this study, firstly, the functioning of labor judgment was discussed, then take stock of the compulsory mediation and the expert witness institution. The functioning of the expert witness system in the labor judgment was evaluated within the framework of the literature and judicial decisions, and it was determined that new regulations were needed.

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