1. The subject of the dispute is the appeal against the inaction of the correctional colony regarding the failure to accrue and pay the average earnings for the period of delay in the settlement upon the plaintiff’s dismissal.
2. The court of cassation found that the courts of previous instances mistakenly applied Article 117 of the Labor Code of Ukraine in the wording of Law No. 2352-IX, which limits the payment of average earnings to six months, without taking into account that the legal relations cover the period before and after the entry into force of this Law. The court noted that it is necessary to divide the delay period into two parts: before 19.07.2022 (when the previous wording of Article 117 of the Labor Code of Ukraine was in effect) and after 19.07.2022 (when the new wording with a limit of six months came into effect). The conclusions of the Supreme Court regarding the previous wording of Article 117 of the Labor Code of Ukraine should be applied to the period before 19.07.2022, in particular, taking into account the amount of average earnings for the entire period of delay and the total amount of payments due upon dismissal, and the current wording of Article 117 of the Labor Code of Ukraine with a limit of six months should be applied to the period after 19.07.2022, but without applying the principle of proportionality. The Court deviated from the conclusion regarding the application of Article 117 of the Labor Code of Ukraine in the wording of Law No. 2352-IX, set forth in the ruling of the Supreme Court of 20.06.2024 in case No. 120/10686/22.
3. The decisions of the courts of the first and appellate instances were overturned, and the case was sent for a new trial to the court of the first instance.
