Here is the translation:
1. Subject of Dispute: Recovery from the trade union organization of unpaid funds upon dismissal and average earnings for the delay in settlement.
2. Main Arguments of the Court:
– The employer unlawfully withheld taxes from the previously court-recovered amount of average earnings for forced absence
– Upon dismissal, the employee was not paid all due amounts
– The appellate court incorrectly determined the amount of average earnings for the delay in settlement, without providing proper calculations
3. Court Decision: To cancel the appellate court’s resolution in the part of recovering average earnings for the delay in settlement and to refer the case for a new review to the appellate court.
Note: The court essentially deviated from previous practice regarding taxation of court recoveries.
