What would constitute unlawful termination under Cyprus employment law?

Question from artemis, What would constitute unlawful termination under Cyprus employment law?

Answer from AI:

Unlawful termination, also known as wrongful dismissal, occurs when an employer terminates an employee’s contract in a manner that violates the employee’s rights under Cyprus employment law. The main legislation governing employment relationships in Cyprus is the Termination of Employment Law of 1967 (Law No. 24/1967), as amended. This law sets out the conditions under which an employer can lawfully terminate an employee’s contract and the rights and remedies available to employees in cases of unlawful termination.

Grounds for unlawful termination

Under Cyprus employment law, an employer may be considered to have unlawfully terminated an employee’s contract if the dismissal is based on any of the following grounds:

1. Discrimination: Termination based on an employee’s race, nationality, religion, gender, age, disability, or other protected characteristics is unlawful under Cyprus law. The Equal Treatment in Employment and Occupation Law of 2004 (Law No. 58(I)/2004) prohibits discrimination in the workplace.
2. Retaliation: Dismissal as a result of an employee exercising their legal rights, such as filing a complaint for discrimination or harassment, is considered unlawful termination. Employees are protected from retaliation under various laws, including the Protection of Employees Against Victimization Law of 2004 (Law No. 59(I)/2004).
3. Violation of statutory procedures: Employers must follow specific procedures when terminating an employee’s contract, as set out in the Termination of Employment Law. Failure to comply with these procedures may result in a finding of unlawful termination.
4. Termination without cause: Employers are generally required to provide a valid reason for terminating an employee’s contract. Dismissal without cause or for an invalid reason may be considered unlawful termination.

Remedies for unlawful termination

If an employee believes they have been unlawfully terminated, they may seek remedies under Cyprus employment law. These remedies may include:

• Reinstatement: In some cases, the employee may be reinstated to their previous position or an equivalent position within the company.
• Compensation: Employees may be entitled to compensation for lost wages, benefits, and other damages resulting from the unlawful termination. The amount of compensation will depend on various factors, such as the employee’s length of service and the circumstances of the dismissal.
• Legal costs: In some cases, the employer may be ordered to pay the employee’s legal costs associated with pursuing a claim for unlawful termination.

Seeking legal advice

If you believe you have been unlawfully terminated, it is essential to consult with a legal professional who specializes in Cyprus employment law. They can help you understand your rights and guide you through the process of pursuing a claim for unlawful termination. Keep in mind that there are time limits for filing a claim, so it is crucial to seek legal advice as soon as possible after your dismissal.

In conclusion, unlawful termination under Cyprus employment law can occur for various reasons, including discrimination, retaliation, violation of statutory procedures, and termination without cause. Employees who believe they have been unlawfully terminated should consult with a legal professional to understand their rights and pursue appropriate remedies.