Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
Main Arguments of the Court:
1. In accordance with Article 117 of the Labor Code of Ukraine, the employer is obligated to pay the employee average earnings for the entire period of delay in settlement upon dismissal.
2. The court pointed out the need to apply a proportional approach to calculating average earnings, where the amount of compensation depends on the proportion of unpaid amounts upon dismissal.
3. The Supreme Court drew attention to the fact that the compensation mechanism lacks clear criteria for establishing a fair balance between the interests of the employee and the employer.
Court Decision: To cancel the resolution of the appellate court and refer the case for a new hearing to correctly calculate the amount of average earnings.
