Subject of the Dispute: A serviceman demands recalculation and payment of a one-time monetary assistance upon dismissal and compensation for unused additional leave.
Main Arguments of the Court: The Supreme Court established that for legal relations arising before 19.07.2022, the previous version of Article 233 of the Labor Code of Ukraine applies, which does not limit the time frame for appealing to court. The court of previous instances erroneously applied the new version of the law, which limits the appeal period to three months, thereby violating the plaintiff’s rights.
Court Decision: Satisfy the cassation appeal, cancel the decisions of previous instances, and refer the case for a new review to the court of first instance.
