Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman from June 27, 2019, to January 24, 2023.
Main Arguments of the Court:
1. The Supreme Court drew attention to the change in the wording of Article 117 of the Labor Code of Ukraine from July 19, 2022, which limited the payment of average earnings for settlement delay to six months.
2. The Court deviated from previous practice and noted that for the period before July 19, 2022, the previous version of the article should be applied without limitation of the term to 6 months, but with the possibility of reducing the amount based on the principle of proportionality.
3. For the period after July 19, 2022, the new version of Article 117 of the Labor Code of Ukraine should be applied with a limitation of payment to 6 months without applying the principle of proportionality.
Court Decision: To cancel the resolution of the appellate administrative court and refer the case for a new review to fully and comprehensively clarify the circumstances of the case, taking into account the provided explanations.
