1. The subject of the dispute is the inaction of the military unit regarding the non-accrual and non-payment of average earnings for the period of delay in settlement upon dismissal.
2. The court of cassation established that the courts of previous instances made mistakes in applying Article 117 of the Labor Code of Ukraine regarding the determination of the amount of compensation for untimely settlement upon dismissal, since their calculations do not correspond to the conclusions of the Supreme Court, in particular, in the ruling of November 30, 2020, in case No. 480/3105/19. The court noted that it is necessary to determine the amount of average earnings for the entire period of delay, the total amount of payments due upon dismissal, as well as the share of unpaid funds in comparison with the total amount of payments due, in order to determine the percentage of average earnings to be paid. In addition, the courts did not determine the period of delay in settlement. The court took into account the ruling of the Grand Chamber of the Supreme Court of October 08, 2025, in case No. 489/6074/23, which departed from the previous conclusion regarding the non-application of the principle of proportionality in determining the amount of compensation after amendments were made to Article 117 of the Labor Code of Ukraine by Law No. 2352-IX, emphasizing the need to take into account the criteria of proportionality established in the ruling of the Grand Chamber of the Supreme Court of June 26, 2019, in case No. 761/9584/15-Ρ.
3. The decisions of the courts of previous instances are cancelled, and the case is sent for a new trial to the court of first instance to establish all the circumstances relevant to the proper resolution of the case.
