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Case No. 372/3914/23 dated 02/04/2025

Here is the translation:

1. Subject of Dispute: Recognition of Employee Dismissal as Illegal and Recovery of Average Earnings for the Period of Forced Absence

2. Key Court Arguments:
– The employer did not prove the systematic nature of labor discipline violations by the employee
– The dismissal order did not contain clear substantiations of the disciplinary misconduct
– The court deviated from previous practice regarding the calculation of average earnings for mobilized employees

3. Court Decision: Partially Satisfy the Claim – Reinstate the Employee in Position and Recover Average Earnings for the Period from 07/06/2023 to 02/15/2024 in the Amount of 1,058,174.70 UAH.

Key Feature of the Decision – Reduction of Average Earnings Due to Employee’s Conscription for Military Service.

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