1. The subject of the dispute is the appeal against the inaction of the military unit regarding the improper accrual of financial assistance for health improvement and compensation for unused vacation.
2. The court of cassation instance overturned the decisions of the previous instances’ courts, which returned the statement of claim to the plaintiff due to the missed deadline for applying to the court. The court noted that in this case, the courts of previous instances mistakenly applied the provisions of Article 233 of the Labor Code of Ukraine (LCU), as amended, which entered into force on July 19, 2022, since the disputed legal relations arose and terminated before these amendments came into force. The court departed from previous conclusions of the Supreme Court regarding the application of Article 233 of the Labor Code of Ukraine as amended on July 19, 2022, to legal relations regarding the recalculation of indexation of monetary allowance for previous periods. The Supreme Court indicated that the version of Article 233 of the Labor Code of Ukraine that was in effect before this date and did not limit the term for applying to the court in cases of recovery of due wages (monetary allowance) applies to legal relations that arose before July 19, 2022.
3. The Supreme Court overturned the decisions of the previous instances’ courts and sent the case for continued consideration to the court of first instance.
