1. The subject of the dispute is the appeal against the inaction of the military unit regarding the recalculation and payment of monetary allowance to the plaintiff for a certain period and the payment of compensation for the delay in payments.
2. The court of cassation instance, overturning the decisions of the courts of previous instances, was guided by the fact that the courts incorrectly applied the norms of Article 233 of the Labor Code of Ukraine (LCU), which regulates the terms of applying to the court in labor disputes. The court noted that the version of the article that did not limit the term of applying to the court in disputes regarding the payment of wages should be applied to the plaintiff’s claims for the period until July 19, 2022 (the date of entry into force of the amendments to Article 233 of the LCU). Regarding the claims for the period after July 19, 2022, the courts had to take into account when the plaintiff learned or should have learned about the violation of his right to receive monetary allowance, and not associate it with the date of receiving the order of dismissal. The court also emphasized that the payment of monthly monetary allowance is not a payment due to the employee upon dismissal, therefore, the three-month period from the date of receiving a written notice of the amounts accrued and paid upon dismissal does not apply to it. The court departed from the previous conclusions of the Supreme Court regarding the application of Article 233 of the Labor Code of Ukraine in the version that entered into force on July 19, 2022, to legal relations regarding the recalculation of indexation of monetary allowance for previous periods.
3. The court of cassation instance overturned the decisions of the courts of previous instances and sent the case for a new trial to the court of first instance.
