The subject of the dispute in this case is the inaction of the military unit regarding the failure to accrue and pay indexation of monetary allowance to the plaintiff for a certain period.
The court of cassation instance, when considering the case, focused on the issue of compliance with the term for applying to the court. It emphasized that the version of Article 233 of the Labor Code of Ukraine, which did not limit the term for applying to the court in cases of recovery of wages, applies to legal relations that arose before July 19, 2022. The court also took into account previous decisions of the Supreme Court and the Grand Chamber of the Supreme Court on this issue. The court noted that it departs from the previous conclusions of the Supreme Court, set forth in other resolutions, regarding the application of Article 233 of the Labor Code of Ukraine in the version that came into force on July 19, 2022, to legal relations regarding the recalculation of indexation of monetary allowance for previous periods. The court indicated that in the case of continuing legal relations that arose before July 19, 2022, and were terminated after that date, the previous version of Article 233 of the Labor Code of Ukraine applies to the period until July 19, 2022, and after that date – the new version.
The Supreme Court overturned the decision of the appellate court and sent the case for a new consideration to the appellate instance.
