1. The subject of the dispute is the inaction of the military unit regarding the failure to accrue and pay average earnings for the delay in settlement upon dismissal.
2. The Supreme Court overturned the decisions of the courts of previous instances, as they incorrectly applied Article 117 of the Labor Code of Ukraine regarding the determination of the amount of compensation for untimely settlement upon dismissal, without taking into account the legal conclusions set forth in the ruling of the Grand Chamber of the Supreme Court of October 8, 2025, in case No. 489/6074/23, and also did not establish all the circumstances necessary for the correct calculation of compensation, in particular, the amount of average earnings for the period of delay, the total amount of payments due upon dismissal, and the share of untimely paid funds. The court emphasized that the compensation should be proportional to the amount of unpaid sums and comply with the principles of reasonableness, fairness, and proportionality, and the courts should assess the circumstances of the case to determine a fair amount of compensation, taking into account the behavior of the parties and other important factors. The Court noted that the Grand Chamber of the Supreme Court departed from the conclusion of the cassation court in the ruling of December 6, 2024, in case No. 440/6856/22, emphasizing the need to apply the principle of proportionality in determining the amount of compensation.
3. The Supreme Court overturned the decisions of the courts of previous instances and sent the case for a new trial to the court of first instance to establish all the necessary circumstances and the correct application of Article 117 of the Labor Code of Ukraine.
