Subject of the Dispute: The plaintiff challenges the incorrect calculation of indexation of monetary provision for the period from 01.12.2015 to 31.12.2018.
Main Arguments of the Court: The Supreme Court established that for legal relations that arose before 19.07.2022, the previous version of Article 233 of the Labor Code of Ukraine applies, which allowed filing a lawsuit without time limitation. The courts of previous instances erroneously applied the new version of the law, which limits the filing period to three months, thereby violating the principle of non-retroactivity of laws.
Court Decision: The Supreme Court satisfied the cassation appeal, canceled the decisions of previous instances, and referred the case for a new review to the court of first instance.
