Cyprus court upholds ruling in wrongful termination case over alleged sleeping at work

The Cyprus Court of Appeal has unanimously upheld a lower court decision ruling that an employee was unfairly dismissed in 2016. The employer alleged the technician was caught sleeping in the laboratory, justifying his immediate dismissal for gross misconduct. The employee denied the claim, stating he was actively searching his computer for a machine schematic manual that was not provided by the company. The appellate court rejected the company's appeal, noting that the employer failed to cross-examine the employee during the initial trial, rendering the employee's version of events undisputed. The court further ruled that a reasonable employer should have investigated whether the alleged sleeping was intentional or caused by fatigue, and whether any actual damage occurred. Additionally, the court rejected the company’s argument regarding a 'disciplinary history,' noting that a previous dismissal had been legally voided, making the service continuous. The employer is ordered to pay €5,607.54 for 18 weeks of compensation, €2,492.24 in lieu of notice, interest, and €1,700 for legal expenses, with some reports citing a total exceeding €8,000.