Newsroom
Cyprus’ Supreme Constitutional Court has ruled in favor of a special education teacher in a long-running legal battle with the Education Ministry, delivering a decision that could reshape how public employees are allowed to work outside their government roles.
The case centered on a public-school speech therapist who, back in 2016, asked permission to privately provide just three therapy sessions per week in the specialized field of dysphagia, helping patients with serious swallowing and feeding difficulties, including people living with cerebral palsy.
The Education Ministry rejected her request at the time, citing an internal circular, a ban on self-employment, and what it described broadly as an “incompatibility” with her duties.
The teacher challenged the decision in court and won.
The ministry then appealed. Now, nearly a decade later, the Supreme Constitutional Court has upheld the original ruling, firmly rejecting the ministry’s arguments.
Court: Decision lacked real justification
In its decision, the court found that the ministry failed to properly explain why the teacher’s limited private work would interfere with her public duties.
Judges said authorities relied too heavily on internal guidelines instead of examining the actual facts of the case. Crucially, the court noted that the key legal question, whether the private work would affect her job performance, was never seriously assessed.
In other words, the rejection appeared automatic rather than reasoned.
The court also criticized the ministry for treating an internal circular as if it were absolute law, stressing that such guidelines are only meant to offer direction and cannot replace legal obligations or case-by-case evaluation.
The claim of “incompatibility,” judges added, was vague and unsupported by evidence.
Limits on administrative power
In unusually strong wording, the court concluded that the administration had exceeded the acceptable limits of its discretion, effectively misusing its authority.
Legal observers say the ruling sends a clear message to public bodies: decisions affecting employees’ rights must be properly justified and individually assessed, not applied mechanically.
A broader impact
While the case focuses on one educator, the implications could extend far beyond a single profession. The judgment reinforces that public employees may, under certain conditions, engage in limited private work, provided it does not interfere with their official duties.
For the teacher at the center of the case, the ruling marks the end of a nearly 10-year legal fight and a personal vindication.
