Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal from the Poltava City Council in Favor of the Former Village Head.
The Court noted that with the adoption of Law No. 2352-IX dated 19.07.2022, amendments were made to Article 117 of the Labor Code, which limited the period of average earnings payment for settlement delay to 6 months. Therefore, for the period before 19.07.2022, the old version of the article is applied, taking into account the possibility of reducing the amount of payments by the court, and for the period after 19.07.2022 – the new version with a 6-month limitation, but without the possibility of additional reduction by the court. The court deviated from the previous practice regarding the possibility of reducing the amount of payments by the court under the new version of the article.
Decision: The case has been referred for a new hearing to the court of first instance for the correct application of legal norms, taking into account different versions of Article 117 of the Labor Code.
