A landmark sexual harassment court ruling by the Supreme Court of Cyprus has vindicated a female union employee who was dismissed shortly after reporting harassment at her workplace. The Court found her dismissal unlawful and ordered her employer to pay compensation.
According to the ruling, the woman, who had been employed as a secretary at a union for nearly eight years, was fired without notice on 31 July 2008. Shortly before her dismissal, she had submitted a written complaint alleging sexual harassment by a senior member of the same organisation, claiming the behaviour had continued from 2003 to 2008.
The Labour Court initially rejected her claim, ruling that her dismissal stemmed from her conduct after making the complaint. However, the Supreme Court overturned that decision, finding the union’s investigation process flawed. The committee that reviewed her complaint included the accused as a member, compromising its impartiality. Even though he later withdrew, the Court noted that justice must not only be done but must also appear to be done, citing R. v. Sussex Justices, ex p. McCarthy (1924).
The Supreme Court ruled that the union, acting as both employer and adjudicator, violated the woman’s right to fair treatment under Article 25 of the Constitution. It concluded that her dismissal was unlawful, based on a procedurally defective investigation.
As part of the sexual harassment court ruling, the woman was awarded €37,700 in compensation under the Annual Paid Leave Law of 1967, with additional interest from the date of the original judgment. The Court also ordered the payment of legal costs in her favour.
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