Here is the translation:
Subject of Dispute: Reinstatement to the Position of School Principal and Recovery of Average Earnings for the Period of Forced Absence.
Key Arguments of the Court:
1. By the Decision of the Constitutional Court of Ukraine dated February 7, 2023, the provision on concluding fixed-term employment contracts with pedagogical workers of retirement age was declared unconstitutional.
2. After the adoption of the Constitutional Court’s decision, the respondent was obligated to transfer the plaintiff to an indefinite employment contract.
3. Since martial law continues at the time of case consideration, there are no grounds for terminating the plaintiff’s employment contract.
Court Decision: Partially Satisfy the Claim – Reinstate the Plaintiff to the Position of Principal of Primary School No. 11 in Zhytomyr. The case regarding the recovery of average earnings has been referred for a new review to the appellate court.
