1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay the average earnings for the delay in settlement upon dismissal.
2. The court of cassation instance overturned the decisions of the previous instances, as they incorrectly applied Article 117 of the Labor Code of Ukraine in determining the amount of compensation for untimely settlement upon dismissal. The courts of previous instances did not take into account the legal conclusions of the Grand Chamber of the Supreme Court regarding the compensatory nature of the payment of average earnings and the need to adhere to the principles of reasonableness, fairness, and proportionality in determining the amount of compensation. The court of cassation instance pointed out that the courts of previous instances reduced the amount of average earnings without proper justification and calculation, and also did not take into account the restriction on the six-month period for payment of compensation established by Law No. 2352-IX. The court noted that the Grand Chamber of the Supreme Court departed from the previous conclusion of the cassation court that with the adoption of Law No. 2352-IX, the legislator eliminated the circumstances that led to the violation of the criteria of proportionality.
3. The court of cassation instance overturned the decisions of the previous instances and remanded the case for a new trial to the court of first instance.
