1. The subject of the dispute is the recovery of average earnings for the period of delay in settlement upon dismissal from the Department of Strategic Investigations of the National Police of Ukraine in favor of the former police officer.
2. The court of cassation instance agreed with the conclusions of the courts of previous instances on the existence of grounds for recovery of average earnings provided for by Article 117 of the Labor Code of Ukraine, due to the untimely settlement upon the plaintiff’s dismissal. At the same time, the Supreme Court noted that the courts of previous instances incorrectly calculated the plaintiff’s average daily monetary allowance, since they took into account additional remuneration, which is not subject to accounting when calculating average earnings in accordance with Procedure No. 100. The court also took into account the amendments to Article 117 of the Labor Code of Ukraine, introduced by Law No. 2352-IX, which limit the period of payment of average earnings to six months, but do not require the application of the principle of proportionality of the amount of compensation to the amount of delayed payments. The Court departed from the previous conclusion regarding the application of Article 117 of the Labor Code of Ukraine as amended by Law No. 2352-IX, noting that the proportionality criteria that were previously applied are no longer relevant due to the limitation of the period of payment of average earnings.
3. The Supreme Court partially satisfied the cassation appeal, amending the decision of the appellate court in the part of the amount of recovery, reducing it to UAH 91,553.66, based on the correct calculation of average earnings without taking into account additional remuneration.
