1. The subject of the dispute is the appeal against the inaction of the defendant regarding the recalculation and payment of monetary allowance to the plaintiff.
2. The court of cassation considered the issue of the plaintiff’s compliance with the term for applying to the court with claims for recalculation and payment of monetary allowance. The court noted that in such cases, Article 233 of the Labor Code of Ukraine should be applied, which establishes a three-month term for applying to the court from the day when the person learned or should have learned about the violation of their right. The Court departed from previous conclusions regarding the application of Article 233 of the Labor Code of Ukraine as amended at the time of application to the court, emphasizing the need to take into account the period of the disputed legal relations. The court indicated that the courts of previous instances did not clarify the date when the plaintiff learned or should have learned about the violation of their right to proper monetary allowance for each month of the disputed period. The court emphasized the importance of clarifying whether the defendant fulfilled the obligation to inform the plaintiff about the components of the monetary allowance, as provided for in Article 110 of the Labor Code of Ukraine, and when the plaintiff received documented information about the amounts paid.
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.
