The Supreme Court has awarded €37,700 to a woman fired by the Electricity Authority of Cyprus scientific staff union after she filed a sexual harassment complaint against one of its executive members.
- The court upheld her appeal and overturned a previous Labour Disputes Court decision that had rejected her claim, ruling that the union failed to ensure a fair and impartial investigation process.
- The Labour Disputes Court initially rejected her application, asserting that her dismissal was not due to the complaint itself but rather her behaviour during the investigation process.
The court upheld her appeal and overturned a previous Labour Disputes Court decision that had rejected her claim, ruling that the union failed to ensure a fair and impartial investigation process.
This case originated from an application filed in 2009 under the 1967 Annual Leave with Pay Law and the 2002 Equal Treatment of Men and Women in Employment Law. The woman, who was hired as a secretary in 2000, claimed she was unlawfully dismissed after being fired without notice on 31 July 2008.
On 19 June 2008, she made a formal complaint stating that an executive committee member had been sexually harassing her for years. Following her complaint, the executive committee initiated an investigation on 23 June 2008, adhering to its code of practice for handling sexual harassment cases. The implicated official was informed he would not take part in the investigation.
During the investigation meeting, the woman requested to have three supporters accompany her while giving testimony, a request that was granted. However, the minutes from the meeting indicated that her behaviour was perceived as confrontational, leading to her being placed on paid leave.
After being given deadlines to present evidence to support her claims, the union concluded on 22 July 2008 that her complaint was “unfounded, unsubstantiated, and false,” and subsequently dismissed her on 31 July 2008, the same day she was summoned to respond but did not attend.
The Labour Disputes Court initially rejected her application, asserting that her dismissal was not due to the complaint itself but rather her behaviour during the investigation process.
Upon reviewing the case, the Supreme Court determined that the union had an obligation to conduct a fair and impartial investigation, particularly since one of its officials was the subject of the complaint. The court found that the principle of impartiality was not upheld, rendering the summary dismissal unlawful. As a result, the court did not explore other grounds for appeal, as the violation of impartiality was sufficient for the judgement.
The court awarded the woman €37,700, along with legal interest from the date of the initial decision and costs in her favour for both the first instance and the appeal. No costs order was issued against the respondent, marking a significant ruling in her favour.