1. The subject of the dispute is the appeal by a former employee against the employer’s actions regarding the non-accrual and non-payment of average earnings for the delay in settlement upon dismissal.
2. The court of cassation instance agreed with the decisions of the courts of previous instances, which returned the statement of claim to the plaintiff due to missing the deadline for applying to the court. The court noted that the average earnings for the delay in settlement upon dismissal are not a component of wages, but a special type of employer’s liability. Therefore, a one-month term for applying to the court, established by part five of Article 122 of the Code of Administrative Procedure of Ukraine for disputes related to dismissal from public service, applies to such disputes, and not the terms provided for in Article 233 of the Labor Code of Ukraine. The court also took into account that the plaintiff applied to the court after the expiration of the one-month period from the date of the final settlement.
The court indicated that it departs from the conclusion regarding the application of part one of Article 233 of the Labor Code of Ukraine for calculating the term for applying to the administrative court with claims for the recovery of average earnings for the delay in settlement upon dismissal, as stated in its previous resolutions.
3. The Supreme Court dismissed the cassation appeal without satisfaction, and the decisions of the courts of previous instances remained unchanged.
