Here is the translation of the court decision analysis:
1. Subject of Dispute: Recovery of Average Earnings for Untimely Settlement upon Dismissal of a Military Serviceman.
2. Main Arguments of the Court:
– The court examined the application of Article 117 of the Labor Code of Ukraine in various versions, including before and after amendments of July 19, 2022
– It was recognized that before July 19, 2022, partial reduction of the recovery amount was possible, taking into account the principles of fairness and proportionality
– After July 19, 2022, a limitation of 6 months of average earnings payment was introduced
– The court deviates from previous practice regarding full recovery of average earnings for the entire delay period
3. Court Decision: The resolution of the appellate court was canceled and the case was referred for a new review to recalculate the recovery amount, taking into account the new legal position.
