When a client of the law firm “Mozhus Zilver” was dismissed from the executive service of the Ministry of Justice of Ukraine, the procedure for the accrual and payment of sums due to the civil servant was violated.
According to Article 117 of the Labour Code of Ukraine, if the employer fails to pay the employee the salary and other undisputed payments, the employer is obliged to pay the employee average earnings for the entire period of delay until the day of actual payment.
Our client appealed to the court with such a claim for payment of average earnings during the delay in the actual settlement.
By decision of the Odessa District Administrative Court of 23 October 2023, the claim was partially satisfied: only part of the average amount was recovered for the entire period of delay until the day of actual settlement.
The lawyers appealed against the decision…