1. The subject of the dispute is the inaction of the military unit regarding the failure to accrue and pay average earnings for the period of delay in settlement upon the discharge of a serviceman.<\/p>\n
2. The court of cassation instance established that the courts of previous instances mistakenly applied the approach of the Grand Chamber of the Supreme Court regarding the reduction of the amount of average earnings, as it was formed under the previous regulatory legal regulation. The court noted that it is necessary to distinguish between the periods of payment delay: before 19.07.2022 (when the previous version of Article 117 of the Labor Code was in effect) and after this date (when the new version, which limits the payment of average earnings to six months, came into force). For the period before 19.07.2022, the previous practice of the Supreme Court should be applied, and for the period after 19.07.2022 \u2013 to take into account the restrictions established by the new version of Article 117 of the Labor Code, but without applying the principle of proportionality. The court also pointed out the need to establish the amount of average earnings for the entire period of delay, the total amount of payments due upon dismissal, and the proportion of paid and unpaid funds.<\/p>\n
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 for a full and comprehensive clarification of the circumstances of the case, taking into account the stated conclusions.<\/p>\n