Dismissed without notice in Cyprus: gross misconduct and your rights
Dismissal without notice, often called summary dismissal or dismissal for gross misconduct, is the harshest step an employer in Cyprus can take. The Termination of Employment Law of 1967 (Law 24/1967) allows it only where the employee's own conduct justifies it: section 5(e) and (f) mention conduct that makes it clear the employment relationship cannot reasonably continue, a serious offence in the performance of duties, a criminal offence at work, indecent behaviour at work, and serious or repeated breach of work rules. Everything else, such as a single mistake, poor performance or a quarrel, requires notice or pay in lieu.
The law also puts the burden on the employer. Section 6(1) presumes that a dismissal was not for a lawful reason until the employer proves otherwise, and the employer must act within a reasonable time after the incident, or it is treated as having waived the right. If you have more than 26 weeks of service and the employer cannot prove gross misconduct, the Labour Disputes Court will award compensation between your redundancy-pay amount and two years' wages, plus notice. The same rules work in reverse: an employee who leaves because of the employer's serious misconduct can be treated as dismissed (section 7). This guide shows what to do in the first days after a summary dismissal and how to bring a claim.
Key facts
Deadline
Application to the Labour Disputes Court within 12 months from the dismissal (section 12(10A) of Law 8/1967); appeal against the Court's judgment on a point of law only, within 42 days.
The employer must act within a reasonable time after the incident relied on, otherwise it is treated as having waived the right to dismiss for it (proviso to section 5(e) of Law 24/1967). Protection against dismissal without a lawful reason starts after 26 weeks of continuous service, or after a longer probation of up to 104 weeks agreed in writing at the start (section 3). Notice that is lost on summary dismissal: 1 to 8 weeks depending on service (section 9).
What to do
Ask for the dismissal and its reasons in writing. Note the date and time, who told you, what reason was given and whether anyone else was present. If you are told orally to leave, send a short email or letter the same day asking the employer to confirm whether you are dismissed, from which date and why.
The written reason matters: the employer will later have to prove it, and it is difficult to rely on a different reason in court. Also ask for a certificate of employment under section 8 of Law 24/1967, stating your dates of service and type of work. The certificate may contain nothing unfavourable to you; refusing a written request is an offence under section 28.
Compare the reason with section 5(e) and (f). Summary dismissal is lawful only for conduct that makes the employee liable to dismissal without notice, for example conduct showing that the relationship cannot reasonably continue, a serious offence in the performance of duties, a criminal offence committed at work without the employer's consent, indecent behaviour at work, or serious or repeated breach of work rules.
Poor performance is a separate ground under section 5(a) and does not justify dismissal without notice; temporary incapacity because of sickness, injury or childbirth is not poor performance at all. Section 6(2) lists reasons that are never valid, including union membership, a good-faith complaint to an authority, pregnancy or maternity (also protected by the Protection of Maternity Law 100(I)/1997), parental or carer's leave, race, religion and political opinions.
Check whether the employer acted fairly and in time. Courts in Cyprus ask whether the employer, as a reasonable employer, had reasonable grounds for its belief in the misconduct and whether its investigation was reasonable in the circumstances; they rely on the test from British Home Stores v Burchell. In practice that means you should have been told the allegation and given a chance to answer it before the decision.
Timing is equally important. If the employer knew of the incident but kept you at work for weeks before dismissing you, the proviso to section 5(e) treats it as having waived the right to dismiss for that incident. Write down when the employer first learned of the facts.
Work out your service and what you are owed. Count continuous service from your first day, including earlier contracts with the same employer. Protection against unlawful dismissal applies after 26 weeks, or after a written probation of up to 104 weeks agreed when you were hired; under section 9(2) employment is presumed not to be on probation unless the employer proves it.
List the sums due: wages up to the last day, pay for untaken annual leave under Law 8/1967, the proportion of the 13th salary if your contract provides one, and the notice under section 9 (1 week after 26 weeks of service up to 8 weeks after 312 weeks) that you lose only if the summary dismissal was justified. Keep payslips, the contract and your social insurance statement.
Gather evidence while it is still available. Save emails, messages, rotas, warnings, appraisals and the employer's internal rules or code of conduct, because a breach of rules justifies summary dismissal only if it is serious or repeated. Write a dated account of the incident and note witnesses' names and contacts.
If the employer relies on a social media post, a conflict with a manager or competing work in your free time, keep a copy of the full context. The Court looks at the facts known to the employer at the time of dismissal, not at material found later. Do not take confidential company documents; keep only what concerns you personally.
Contact the Department of Labour Relations or your trade union. The Department of Labour Relations of the Ministry of Labour receives complaints about dismissals and can attempt mediation; if you are a union member, the union often negotiates directly with the employer and can represent you before the Labour Disputes Court.
You can also send the employer a letter, personally or through a lawyer, setting out why the dismissal was unlawful and what you claim. A settlement is possible at any stage, but read it carefully: a receipt 'in full and final settlement' can bar later claims. Mediation does not stop the 12-month deadline for going to court.
File an application with the Labour Disputes Court. The claim is brought on Form I under the Court's 1999 Procedural Rules; the application must state the grounds and the remedies sought (compensation for unlawful dismissal, pay in lieu of notice, unpaid wages or leave, interest and costs), and a stamp duty fixed by the Rules is paid on filing. The Court decides summarily, without being bound by the strict rules of evidence.
The deadline in section 12(10A) of Law 8/1967 is 12 months from the dismissal. The employer will file an appearance and must prove the reason for dismissal; because of section 6(1) you do not have to prove that the dismissal was unlawful.
Understand what the Court can award. If the employer does not prove a lawful reason, you receive compensation under the First Schedule to Law 24/1967: never less than the redundancy payment you would have received, never more than two years' wages. The Court weighs your wages, length of service, loss of career prospects, the circumstances of the dismissal and your age. The employer pays up to one year's wages and the Redundancy Fund pays any excess (section 3(2)).
In employers with more than 19 employees the Court may, if you ask for it, order reinstatement where the dismissal was manifestly unlawful or unlawful and in bad faith. Awards vary: 29 weeks' wages in Lungu v. Papaellinas (2024), two years' wages in Georgiou v. George Petrou (2018).
If you are the one who left, prove constructive dismissal. Section 15 lets either party end the relationship without notice because of the other's conduct, and section 7 treats an employee who lawfully leaves because of the employer's conduct as dismissed. Typical examples are unpaid wages, a unilateral cut in pay or a serious change in duties.
Section 7(2), however, presumes that the employee did not leave lawfully, so here the burden is yours. Before resigning, complain in writing, give the employer a chance to put things right and keep records. If you resign for a different reason, such as a better job offer, you will not be treated as dismissed.
What to watch out for
- Waiting too long: the 12-month deadline under section 12(10A) of Law 8/1967 runs from the dismissal, and talks with the employer or mediation do not stop it.
- Accepting a resignation letter prepared by the employer: if you sign a resignation instead of being dismissed, you will have to prove that you were forced to leave, and section 7(2) presumes the opposite.
- Assuming gross misconduct is whatever the contract says: a clause listing 'gross misconduct' does not bind the Court, which decides under section 5(e) and (f) whether the conduct really made continued employment impossible.
- Ignoring the employer's evidence: summary dismissals were upheld where the employee secretly worked for a competitor (Konstantinou v. Anaxagoras Pneumatics, 2022) or published a post damaging the relationship of trust (Chimona v. Hadjisoteriou & Nicolaou, 2023). Assess honestly whether your conduct could fall within section 5(f).
- Counting only weeks actually worked: weeks of sickness, injury or temporary stoppage also count towards continuous service under the Second Schedule, and miscounting may lead you to give up a valid claim.
- Signing a final settlement without a breakdown of notice, leave, wages and compensation; ask for an itemised statement first.
- Keeping company property or confidential data after dismissal, which can give the employer a counterclaim or even criminal complaint and damages your credibility before the Court.
Legal basis
Related court decisions
Frequently asked questions
Can I be fired on the spot in Cyprus?
Only for conduct that makes you liable to dismissal without notice under section 5(e) and (f) of Law 24/1967, such as a serious offence at work, a criminal offence at work, indecent behaviour or serious or repeated breach of work rules. Otherwise the employer must give notice or pay in lieu.
What counts as gross misconduct in Cyprus?
The law gives examples: conduct showing that the relationship cannot reasonably continue, a serious offence in the performance of duties, a criminal offence at work without the employer's consent, indecent behaviour at work and serious or repeated breach of work rules. The Court decides on all the circumstances, not on labels in the contract.
Do I get notice pay if I am dismissed for gross misconduct?
No, if the summary dismissal was justified. If the employer cannot prove gross misconduct, the Labour Disputes Court awards pay in lieu of the notice under section 9 of Law 24/1967, from 1 to 8 weeks depending on service, in addition to compensation.
Who has to prove the misconduct?
The employer. Section 6(1) of Law 24/1967 presumes that a dismissal was not for a lawful reason until the employer proves otherwise. The Court asks whether a reasonable employer would have believed in the misconduct on the basis of a reasonable investigation at the time of dismissal.
How much compensation can I get for unfair dismissal in Cyprus?
Between the redundancy payment you would have received under the Fourth Schedule and a maximum of two years' wages (First Schedule to Law 24/1967). The Court considers wages, length of service, age, loss of career prospects and the circumstances of the dismissal.
How long do I have to file a claim for unfair dismissal?
12 months from the dismissal, under section 12(10A) of Law 8/1967. The application is filed with the Labour Disputes Court on Form I. Negotiations or mediation through the Department of Labour Relations do not extend the deadline. If the employer later goes into liquidation, the claim against it can still be pursued, so file in time.
Can I be dismissed without notice during probation?
Yes. During probation either party may end the employment without notice (section 9 of Law 24/1967). Probation is normally up to 26 weeks; a longer period of up to 104 weeks is valid only if agreed in writing at the start of employment. Employment is presumed not to be on probation unless the employer proves it.
Can my employer dismiss me for something that happened months ago?
If the employer knew of the incident and did not act within a reasonable time, it is treated as having waived the right to dismiss you for it (proviso to section 5(e) of Law 24/1967). What is reasonable depends on the circumstances, including time needed for an investigation.
Can I quit without notice if my employer does not pay me?
Section 15 allows either party to end the employment without notice because of the other's conduct, and under section 7 such a resignation counts as dismissal by the employer. You must prove the employer's conduct justified leaving, so complain in writing first and keep evidence.
Can the court order my employer to take me back?
Only in businesses with more than 19 employees, if you ask for it and the dismissal was manifestly unlawful or unlawful and in bad faith (section 3(1) of Law 24/1967). In most cases the remedy is compensation. Compensation above one year's wages is paid by the Redundancy Fund.
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