1. The subject of the dispute was the recovery from the Joint-Stock Company “Ukrainian Railways” in favor of a former employee of wage arrears and average earnings for the period of delay in settlement upon dismissal.
2. The courts of first and appellate instances partially satisfied the claim, motivating it by the fact that upon the dismissal of the plaintiff, the defendant violated the requirements of Article 116 of the Labor Code of Ukraine, failing to pay the wage arrears, compensation for unused vacation, and severance pay on the day of dismissal, and also, due to the violation of payment terms, is obliged to pay the average earnings for the entire period of delay in settlement upon dismissal and compensation for the loss of part of income. JSC “Ukrainian Railways”, objecting to the claim, referred to force majeure circumstances, in particular the military aggression of the Russian Federation, which made it impossible to timely settle with the employee. The Supreme Court, when considering the cassation appeal, took into account that the Grand Chamber of the Supreme Court had departed from the previous conclusion that wages are a liability from which the employer may be released due to force majeure, emphasizing that the payment of wages is the employer’s obligation, and reference to force majeure circumstances does not release from this obligation.
3. The Supreme Court dismissed the cassation appeal of JSC “Ukrainian Railways” and upheld the decisions of the previous instances without changes.
