1. The subject of the dispute is the recovery of average earnings for the delay in settlement upon dismissal.
2. The court of cassation considered the cassation appeal of the prosecutor’s office regarding the reduction of the amount of recovery of average earnings for the delay in settlement upon dismissal, citing the lack of a unified practice of applying Article 117 of the Labor Code of Ukraine as amended by Law No. 2352-IX, which limits the period of payment of such earnings to six months. The court took into account that the Grand Chamber of the Supreme Court had already expressed its position regarding the application of Article 117 of the Labor Code of Ukraine in the new version, confirming that the limitation of the payment period does not cancel the need to adhere to the principles of reasonableness, fairness, and proportionality in determining the amount of compensation. The court also noted that it is necessary to consider the proportionality of the claimed amount of compensation, considering the specific circumstances of the case, in particular, the amount of overdue debt and its ratio to the average earnings. The court agreed with the conclusions of the courts of previous instances, which reduced the amount of compensation, applying the principle of proportionality, and recognized them as justified.
3. The court decided to dismiss the cassation appeal and leave the decisions of the courts of previous instances unchanged.
**** The court indicated that the Grand Chamber of the Supreme Court deviated from the conclusion stated by the cassation court in the ruling of December 06, 2024, in case No. 440/6856/22.
