1. The subject of the dispute is the appeal against the inaction of the Office of the Prosecutor General regarding the non-payment of severance pay upon dismissal and the recovery of average earnings for the delay in settlement upon dismissal.
2. The court of cassation, in overturning the decision of the court of appeal, was guided by the following arguments:
* The court of appeal incorrectly applied the provisions of Article 117 of the Labor Code of Ukraine, since the disputed period covers the period of validity of both the old and new versions of this article, introduced by Law No. 2352-IX.
* The court of appeal failed to take into account that when calculating the average earnings for the delay in settlement upon dismissal, it is necessary to take into account the proportionality of the amount of compensation claimed and to be guided by the criteria established by the Grand Chamber of the Supreme Court in the ruling of June 26, 2019, in case No. 761/9584/15-c.
* The court of appeal did not establish important circumstances necessary for the correct calculation of the average earnings, in particular, the amount of average earnings for the entire period of delay, the total amount of payments due to the plaintiff upon dismissal, the share of paid and unpaid funds.
* The court of appeal did not take into account the circumstances regarding the possible payment of funds to the plaintiff under an writ of execution issued on the basis of a previous court decision that was overturned.
* The Court took into account that the Grand Chamber of the Supreme Court in the ruling of October 08, 2025, in case No. 489/6074/23 departed from the conclusion stated by the cassation court in the ruling of December 06, 2024, in case No. 440/6856/22 that with the adoption of Law No. 2352-IX, the legislator, by limiting the accrual period to six months, actually eliminated at the regulatory level the circumstances that led to a violation of the criteria of proportionality, and therefore, it is impossible to apply the conclusions of the Grand Chamber of the Supreme Court, stated in the ruling of June 26, 2019, to legal relations regulated by the new version of Article 117 of the Labor Code of Ukraine.
3. The Supreme Court overturned the ruling of the court of appeal and remanded the case for a new trial to the court of appeal.
