The subject of the dispute is the challenge to the actions and inaction of the military unit regarding the accrual and payment of indexation of monetary allowance to the plaintiff, a former serviceman.
The court of cassation instance found that the court of appeal instance mistakenly applied the norms of the CAS of Ukraine regarding the terms of appeal to the court, without taking into account that the dispute concerns violation of legislation on labor remuneration. In such cases, according to established practice, the norms of the Labor Code of Ukraine (hereinafter – the LC) are applied. The court emphasized that since the disputed legal relations arose before July 19, 2022, when amendments were made to the LC regarding the terms of appeal to the court in labor disputes, the wording of the LC that was in effect before that date applies. According to this wording, appealing to the court with a claim for recovery of due wages is not limited by any term. The court also departed from previous conclusions of the Supreme Court in similar cases, where the new wording of the LC, which was in force at the time of appealing to the court, was applied.
The Supreme Court overturned the ruling of the appellate court and sent the case for a new hearing to the appellate instance.
