1. The subject of the dispute is the appeal against the actions of the military unit regarding the accrual and payment of monetary allowance, as well as inaction regarding the failure to include additional remuneration in the calculation of compensation for unused vacations.
2. The court of cassation overturned the decisions of the previous instances, which returned the statement of claim to the plaintiff due to missing the deadline for appealing to the court, referring to the fact that the courts did not take into account the changes in labor legislation regarding the deadlines for appealing to the court in cases of wage payment. The court noted that for some of the claims related to the period before July 19, 2022, the deadline for appealing to the court is not limited at all. Regarding the claims for the period after July 19, 2022, the court pointed out the need to determine when exactly the plaintiff became aware of the violation of their rights, namely when they received information about the accrued and paid amounts, and whether it was documented by the defendant. The court also referred to the practice of the Supreme Court, according to which the beginning of the statute of limitations for appealing to the court should be linked to the moment the employee receives reliable information about the amount and nature of the amounts paid to them.
3. The court overturned the decisions of the previous instances and sent the case for a new trial to the court of the first instance.
**** The court indicated that it departs from the previous conclusions of the Supreme Court, stated in the resolutions of January 29, 2025, in case No. 500/6880/23, of August 28, 2024, in case No. 580/9690/23, of January 23, 2025, in case No. 400/4829/24, of November 20, 2023, in case No. 160/5468/23, and of September 12, 2024, in case No. 200/5637/23.
