1. The subject of the dispute is the challenge to the inaction of the military unit regarding the failure to accrue and pay average earnings for the delay in settlement upon dismissal.
2. The court of cassation agreed with the decisions of the courts of previous instances, which partially satisfied the claims, recognizing the inaction of the military unit as unlawful and obliging it to pay the average earnings for the delay in settlement, but in a smaller amount than the plaintiff demanded. The courts took into account that the period of delay in settlement is divided into two parts: before and after July 19, 2022, when the new version of Article 117 of the Labor Code of Ukraine came into force, which limited the payment of average earnings to six months. The courts also applied the principle of proportionality, taking into account the amount of overdue debt, the period of delay, the behavior of the parties and other circumstances of the case, in order to ensure a fair balance of interests. The court of cassation rejected the appellant’s arguments that the courts did not take into account the conclusions of the Supreme Court, since the Grand Chamber of the Supreme Court departed from previous conclusions and pointed out the need to take into account the proportionality of the amount of compensation with the specific circumstances of the case.
3. The court dismissed the cassation appeal and left the decisions of the courts of previous instances unchanged.
The court in the decision notes that it departs from the previous position, which was in other decisions of the Supreme Court.
