Here is the translation:
1. Subject of Dispute: Recognition of Employee Dismissal as Illegal and Recovery of Average Earnings for the Period of Forced Absence
2. Key Court Arguments:
– The employer did not prove the systematic nature of labor discipline violations by the employee
– The dismissal order did not contain clear substantiations of the disciplinary misconduct
– The court deviated from previous practice regarding the calculation of average earnings for mobilized employees
3. Court Decision: Partially Satisfy the Claim – Reinstate the Employee in Position and Recover Average Earnings for the Period from 07/06/2023 to 02/15/2024 in the Amount of 1,058,174.70 UAH.
Key Feature of the Decision – Reduction of Average Earnings Due to Employee’s Conscription for Military Service.
