Subject of Dispute: Recovery of Average Monetary Allowance for Untimely Payment of Compensation for Unissued Property in the Dismissal of a Military Serviceman.
Main Arguments of the Court:
1. The court recognized that the military unit untimely paid compensation for unissued property upon dismissal of the military serviceman.
2. The court deviated from previous judicial practice regarding the application of Article 117 of the Labor Code of Ukraine, indicating that the principle of proportionality cannot be applied to payments for delay in settlement.
3. The Appellate Court erroneously determined the period and amount of average monetary allowance for settlement delay.
Court Decision: Partially satisfy the cassation complaint, cancel the appellate court’s resolution regarding the determination of compensation amount, and refer the case for a new review.
