1. The subject of the dispute is the inaction of the military unit regarding the failure to accrue and pay the plaintiff additional remuneration, salary for military rank, seniority allowance, and monetary allowance upon dismissal.
2. The court of cassation instance overturned the decisions of the previous instances, which returned the statement of claim to the plaintiff due to missing the deadline for applying to the court, referring to Article 233 of the Labor Code of Ukraine. The Supreme Court noted that the courts should have taken into account that the disputed periods cover the time before and after the amendments to Article 233 of the Labor Code of Ukraine, as well as the moment when the plaintiff received reliable information about the amount of payments made. The Court departed from previous conclusions regarding the application of deadlines for applying to the court in similar cases, indicating the need for separate regulation of legal relations that arose before and after July 19, 2022 (the date of entry into force of amendments to the Labor Code of Ukraine). Also, the courts should have taken into account the circumstances of the plaintiff’s injury while defending the Homeland and its impact on the possibility of timely applying to the court.
3. The court overturned the decisions of the previous instances and sent the case to the court of first instance for continued consideration.
Skip to content
Skip to sidebar
Skip to footer
