1. The subject of the dispute is the appeal against the actions of the Military Academy regarding the calculation and payment of monetary allowance and the obligation to recalculate and pay the monetary allowance to the plaintiff.<\/p>\n
2. The court of cassation overturned the decisions of the courts of previous instances, which dismissed the claim without consideration due to the missed deadline for applying to the court, referring to Article 233 of the Labor Code of Ukraine. The Supreme Court pointed out that the courts did not take into account previous decisions of the Supreme Court, in particular, in the model case No. 260\/3564\/22 and the resolution of the Grand Chamber of the Supreme Court dated July 11, 2024, in case No. 990\/156\/23, which stated that the version of Article 233 of the Labor Code, which did not limit the term for applying to the court in cases of wage recovery, applies to legal relations that arose before July 19, 2022, and after that date, a three-month limit applies. The court also noted that it is necessary to establish the moment when the plaintiff received reliable information about the amount of payments made and to divide the disputed period into two parts for the correct application of the rules on the terms of applying to the court. Also, the court departed from some previous conclusions of the Supreme Court regarding the application of Article 233 of the Labor Code of Ukraine.<\/p>\n
3. The Supreme Court overturned the decisions of the courts of first and appellate instances and sent the case to the court of first instance for further consideration.<\/p>\n