1. The subject of the dispute is the appeal against the inaction of the Military Academy regarding the failure to accrue and pay indexation of monetary allowance to the plaintiff for a certain period.
2. The court of cassation instance established that the appellate court mistakenly applied the wording of Article 233 of the Labor Code of Ukraine (hereinafter – LC), which limits the term for applying to the court in labor disputes to three months, since the disputed legal relations arose before this wording came into force. The court emphasized that for cases where the legal relations lasted until July 19, 2022, the previous wording of Article 233 of the LC, which did not limit the term for applying to the court in cases of recovery of wages, applies. The court noted that it departs from previous conclusions regarding the application of the new wording of Article 233 of the LC to legal relations that arose before its adoption. The court also pointed to the erroneous connection between the exclusion of the plaintiff from the personnel lists and the term for applying to the court.
3. The Supreme Court reversed the decision of the appellate court and remanded the case for a new consideration to the court of appellate instance.
