Here is the translation:
1. Subject of Dispute: Recovery of Average Earnings for the Period of Delay in Settlement upon Dismissal of a Military Serviceman.
2. Main Arguments of the Court:
The Supreme Court established that until July 19, 2022, the previous version of Article 117 of the Labor Code of Ukraine should be applied without limitation of payment terms, and after July 19, 2022 – the new version with payment limited to six months. The court pointed to the need to calculate compensation proportionally to unpaid amounts, without applying the principle of proportionality for the period after July 19, 2022.
3. Court Decision: The resolution of the appellate court was canceled and the case was referred for a new appellate review to correctly establish all circumstances and calculate compensation.
