Subject of Dispute: Labor Dispute Regarding Employer’s Compliance with Legislation When Refusing Termination of Employment Contract at Employee’s Initiative Based on Part Three of Article 38 of the Labor Code of Ukraine.
Main Arguments of the Court:
1. The court recognized that non-payment of insurance amounts for sick leave certificates may be grounds for terminating the employment contract at the employee’s initiative.
2. The Supreme Court established that the courts of previous instances improperly examined evidence and did not take into account all circumstances of the case, particularly regarding the correctness of sick leave certificate processing.
3. The court deviated from previous judicial practice, indicating that improper performance of documentation duties by a physician cannot deprive an employee of the right to receive insurance payments.
Court Decision: Revoke the decisions of previous instances and refer the case for a new review to the court of first instance for a complete and comprehensive investigation of circumstances.
