The Court of Appeal has upheld a decision by the Labour Disputes Court that the dismissal of a nurse was lawful and justified, ruling that no violation of her right to be heard occurred before her termination.
The judgment was issued on 29 May 2026.
Case involved hospital incident in 2014
The case concerned a nurse working at a hospital in Nicosia who admitted that in October 2014, she failed to sterilise surgical instruments, attributing the incident to an oversight.
Despite this, she filed a claim before the Labour Disputes Court seeking compensation from her former employer, alleging unfair dismissal.
First-instance court rejected claim
The Labour Disputes Court dismissed her claims, finding that the employer acted within the reasonable response expected of a prudent employer and that the dismissal was justified under the circumstances.
The employee subsequently appealed the decision, arguing that the ruling was incorrect.
Court of Appeal findings
In its ruling, the Court of Appeal stated that the failure “could have put the health and safety of patients at risk”, reaffirming that the employer had acted reasonably in terminating the employment.
The court also rejected claims of a violation of the right to be heard, noting that the appellant had been given the opportunity to present her case and had been heard during the process.
It further found that she had been informed of all relevant facts regarding the incident and had acknowledged the failure to sterilise the equipment.
Dismissal deemed proportionate
On the issue of proportionality, the court agreed with the lower court’s assessment that the dismissal was “harsh, but not disproportionate to the misconduct”, taking into account the responsibilities of the position.
The Court of Appeal ultimately dismissed all grounds of appeal and confirmed the original judgment, ruling that the dismissal was justified in the circumstances.
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