Subject of Dispute: Declaring the Order on Suspension of Employment Contract Illegal and Recovering Average Earnings for the Period of Forced Absence.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly calculated the employee’s average earnings by taking into account calendar days instead of working days. The court noted that when calculating the average daily wage, specifically worked working days should be taken, not all calendar days. Moreover, the appellate court did not verify the provided evidence and did not give a legal assessment to the plaintiff’s objections regarding the reliability of the income certificate provided by the employer.
Court Decision: The Supreme Court partially satisfied the cassation appeal, canceled the appellate court’s ruling in the part of recovering average earnings, and sent the case for a new review to the appellate court.
