The case concerns a labor dispute between an employee and the State Enterprise “Administration of Seaports of Ukraine” regarding the unlawful suspension of the employment contract during martial law.
The main arguments of the court are that the employer did not prove the existence of legal grounds for suspending the employment contract with the employee, as the enterprise continued to function, and labor relations were selectively suspended for certain employees. The court also established that the employee was ready to perform his job duties but was illegally deprived of the opportunity to work.
The Supreme Court decided to cancel the previous court ruling in terms of calculating average wages and refer the case for a new review to the appellate court, as the previous wage calculation was made with a violation of the established procedure.
