1. The subject of the dispute is the appeal against the inaction of the military unit regarding the failure to accrue and pay monetary allowance and indexation.
2. The court of cassation established that the courts of previous instances erroneously applied the terms for appealing to the court, provided for by Article 233 of the Labor Code of Ukraine, failing to take into account that part of the disputed period falls within the time when the version of this article was in effect, which did not limit the terms for appealing to the court in cases regarding the payment of wages. The court noted that for the period until July 19, 2022 (before the amendments to Article 233 of the Labor Code), the terms for appealing to the court are not limited, and for the period after this date, a three-month term applies, which is calculated from the day of receiving written notification of the amounts accrued and paid upon dismissal. The court also pointed out the need to clarify whether the plaintiff was informed of the amount and components of the accrued and paid monetary allowance during the disputed period before appealing to the court.
3. The cassation appeal was granted, the decisions of the courts of previous instances were overturned, and the case was sent to the court of first instance for continued consideration.
**** The court indicated that it departs from previous conclusions of the Supreme Court regarding the application of the terms for appealing to the court in similar cases, as 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.
