**1. Subject of the Dispute**
The subject of the dispute is the recovery from the employer of wage arrears accrued but not paid to the employee for the period from March 2022 to August 2024.
**2. Court’s Arguments**
The Supreme Court emphasized that courts must apply the norms of the Constitution of Ukraine as norms of direct effect, especially when a law contradicts constitutional guarantees, regardless of the presence or absence of a Constitutional Court of Ukraine (CCU) decision at the time the dispute arose. The Court pointed out that the appellate instance erroneously ignored the fact that CCU Decision No. 1-r/2025 had entered into force, which declared the limitation of the period for applying to the court regarding wage payments unconstitutional. Furthermore, the appellate court failed to take into account that the statute of limitations in labor disputes must be applied taking into consideration the provisions of the Civil Code of Ukraine regarding their suspension during martial law. It is important that the court did not evaluate the plaintiff’s arguments regarding the non-receipt of written notification of the amounts accrued upon dismissal, which is key for calculating the deadlines for applying to the court. The Court also emphasized that the appellate instance violated the principle of equality of parties by failing to provide a proper assessment of all the plaintiff’s arguments. The Court effectively departed from a formalistic approach to the application of the deadlines for applying to the court, as defined by Article 233 of the Labor Code of Ukraine, in favor of the priority of the constitutional right to remuneration and the rule of law.
**3. Court’s Decision**
The Supreme Court partially satisfied the cassation appeal, set aside the judgment of the Kyiv Court of Appeal, and remanded the case for a new trial to the court of appellate instance.
