Nicosia, Cyprus. An appeals court has upheld an earlier judgment finding that a nurse was lawfully dismissed from a Nicosia hospital after she failed to sterilise surgical instruments. The court said the omission could have endangered patients’ safety and health.
Case background
The case dates back to 2014, when the nurse admitted that she had not sterilised the instruments and attributed the failure to a lapse. Following the incident, her employer terminated her employment.
Challenge before labour disputes court
The nurse challenged her dismissal before a labour disputes court, arguing that the termination was unlawful because she had not been given a proper hearing. She sought compensation for unlawful termination of employment.
The labour disputes court rejected her claims and found that the dismissal was legitimate.
Appeals court ruling
The nurse subsequently appealed that decision. In its recent ruling, the appeals court found no fault with the earlier judgment of the labour disputes court.
The appeals court noted that the nurse’s omission “might have endangered the safety and health of patients” and said that she had never disputed the facts of the case.
Assessment of dismissal
On the severity of the employer’s action, the appeals court said the dismissal may have been “harsh, but not disproportionate to the error committed”.
