1. The subject of the dispute is the appeal against the inaction of the military unit regarding the untimely settlement upon dismissal and the recovery of the average earnings for the period of delay.
2. The Supreme Court overturned the decisions of the previous instances courts because they incorrectly applied Article 117 of the Labor Code of Ukraine (LCU) regarding the payment of average earnings for the delay in settlement upon dismissal. The court of appeal mistakenly applied the version of Article 117 of the LCU, which limits the payment of average earnings to six months, failing to take into account that the delay in settlement began before this version came into force. The Supreme Court pointed out that it is necessary to take into account the period of delay before and after July 19, 2022 (the date the amendments to Article 117 of the LCU came into force), as well as to apply the principle of proportionality when determining the amount of compensation, taking into account the amount of debt and other circumstances of the case. The court also took into account the conclusions of the Grand Chamber of the Supreme Court regarding the compensatory nature of the payment of average earnings and the need to ensure a fair balance of the parties’ interests.
3. The Supreme Court ruled to overturn the decisions of the previous instances courts and to send the case for a new trial to the court of first instance.
