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 established that the courts of previous instances did not fully investigate the circumstances of the case necessary for the correct calculation of the amount of compensation for the delay in payment upon dismissal, in particular, did not ascertain the amount of accrued and paid amounts upon dismissal, which made it impossible to establish the total amount of payments due to the plaintiff. The court emphasized the need to take into account the conclusions of the Grand Chamber of the Supreme Court regarding the application of the principle of proportionality in determining the amount of compensation, as well as the application of the formula defined by the Supreme Court in case No. 480/3105/19, for calculating the share of average earnings to be recovered. The court also pointed out the erroneous application by the appellate court of a reduction coefficient based on the statute of limitations. The Court took into account the conclusions of the Grand Chamber of the Supreme Court in the ruling of October 8, 2025, in case No. 489/6074/23, which deviated from the previous conclusion of the cassation court regarding the non-application of the principle of proportionality after amendments were made to Article 117 of the Labor Code of Ukraine.
3. The court overturned the decisions of the previous instances and sent the case for a new trial to the court of first instance to establish the actual circumstances and the correct application of the norms of substantive law.
