Nicosia, Cyprus. The Supreme Court upheld a ruling on Tuesday in favour of four concrete mixer drivers, rejecting a construction company’s appeal over their dismissal on redundancy grounds. The dispute dates back to 2011, when the employees were made redundant.
Background to the case
The four employees challenged the redundancies, arguing the company’s claim of reduced workload was not genuine and that their dismissal was unjustified.
Court findings on redundancy
In a unanimous decision, the court found the employer failed to prove real redundancy conditions. The judgment noted that new staff were hired for similar roles before the dismissals, weakening the company’s downsizing argument.
Evidence requirements
The court emphasised that the employer must provide proof and said vague claims of financial issues or restructuring lack sufficient evidence. It also deemed the company’s claims of modernisation and reduced work inadequately supported.
Appeal outcome and compensation
The company’s appeal was fully dismissed, affirming the previous ruling for the four drivers. Compensation awarded by the court of first instance remains in force, with amounts set individually based on each worker’s employment record.
Costs
The court upheld legal costs for the employees, ending the lengthy dispute.
What do you think employers should be required to prove when dismissing staff on redundancy grounds?