1. The subject of the dispute is the challenge to the inaction of the military unit regarding the refusal to recalculate and pay monetary allowance, financial assistance for health improvement, and financial assistance for resolving social and living issues.
2. The court of cassation instance established that the appellate court prematurely dismissed the claim without consideration, failing to take into account important circumstances. In particular, the appellate court did not determine the moment when the plaintiff received reliable information about the amount of sums paid to her. The court also did not divide the disputed period into two parts: before and after July 19, 2022 (the date of entry into force of Law No. 2352-IX, which amended Article 233 of the Labor Code), in order to correctly apply the rules regarding the terms for applying to the court. The court noted that it is necessary to depart from previous conclusions of the Supreme Court in similar cases in order to ensure a unified approach to resolving the issue of the terms for applying to the court in labor payment disputes. The court indicated that in the case of ongoing legal relations that began before July 19, 2022, the version of Article 233 of the Labor Code that was in effect before that date should be applied, and for the period after July 19, 2022 – the new version.
3. The Supreme Court overturned the appellate court’s ruling and remanded the case for a new hearing to the appellate instance.
