1. The subject of the dispute is the claim of PERSON_1 against the military unit for the payment of average earnings for the period of delay in settlement upon dismissal.
2. The court of cassation instance established that the appellate court mistakenly overturned the decision of the court of first instance, which partially satisfied the claims of PERSON_1, since the appellate court did not take into account the previous conclusions of the Supreme Court regarding the application of Article 117 of the Labor Code of Ukraine, in particular, regarding the employer’s obligation to pay the employee average earnings for the period of delay in settlement upon dismissal, even if the final settlement took place on the basis of a court decision. At the same time, the Supreme Court noted that the court of first instance correctly applied the principle of proportionality in determining the amount of compensation, taking into account the partial payment of the debt, and rejected the arguments of the appellant regarding the increase in the amount of claims at the stage of cassation appeal, since this contradicts procedural rules. The court noted that the Grand Chamber of the Supreme Court departed from the conclusion regarding the non-application of the principle of proportionality when deciding on the amount of compensation under Article 117 of the Labor Code of Ukraine after July 19, 2022.
3. The Supreme Court reversed the decision of the appellate court and upheld the decision of the court of first instance.
