fact-ua.com

A Dnipro resident demands compensation from his employer for three years of work – here’s the court's decision.

Днепрянин подал иск к работодателю о компенсации за три года. Какое решение принял суд?

A man is accusing the Municipal Institution of Extracurricular Education "City Palace of Children and Youth" of the Dnipro City Council of inaction. He demands compensation for loss of income due to delays in the payment of salary indexation for the period from September 14, 2021, to August 16, 2024. This is stated in the decision of the October District Court of Dnipro (the legal name of the court), published on October 24, 2024.

The man has the status of a combatant since August 3, 2018. He was employed at the Municipal Institution of Extracurricular Education "City Palace of Children and Youth" of the Dnipro City Council from September 14, 2021. According to a copy of his military ID, he served in the military from February 27, 2017, to April 3, 2020. According to a copy of his employment record, he held the following positions: system administrator at the October District Election Commission in Kharkiv for the regular elections of local council deputies and village, settlement, and city heads (October 25, 2015), from September 29, 2015, to November 13, 2015; computer operator at the Municipal Non-Commercial Enterprise of the Kharkiv Regional Council "Regional Tuberculosis Hospital No. 1" from November 16, 2015, to April 27, 2020, considering the period of military service from February 27, 2017, to April 3, 2020. By the order of the director of the Municipal Institution "City Palace of Children and Youth" of the Dnipro City Council, his teaching experience was credited according to the court's decision in case No. 201/15473/23, and the period of military service was counted towards his teaching experience, and funds were transferred to his card, as confirmed by a bank statement. However, as of the date of the court's decision in case No. 201/15473/23, the calculation was not made in full, specifically the compensation for the loss of part of his income due to delays in the payment of salary indexation was not paid. Believing that his teaching experience was incorrectly calculated when he was employed part-time, not counting the period of military service, the citizen filed a lawsuit. By the decision of the October District Court of Dnipro on June 26, 2024, in case No. 201/15473/23, this claim was granted in part regarding the inclusion of the military service period in the teaching experience from the date of employment. Following the execution of the decision and recalculation of the experience, his salary was transferred, amounting to 2,009 hryvnias.

In his lawsuit, the man asks the court, in particular, to recognize the inaction of the Municipal Institution of Extracurricular Education "City Palace of Children and Youth" of the Dnipro City Council as unlawful regarding the calculation and payment of compensation for loss of income due to delays in the payment of salary indexation for the period from September 14, 2021, to August 16, 2024, in accordance with Law No. 2050-III and Order No. 159. In this case, there was inaction consisting of the failure to calculate and pay the compensation for loss of part of his income. A representative of the Municipal Institution "City Palace of Children and Youth" of the Dnipro City Council provided a response, denying the claims, stating that the court's decision regarding the man was fully executed in the granted part of his claim, the documentation of work and payments, compensation and salary, work experience, and others were accounted for and properly documented in accordance with the law, the procedures for their application and issuance were correct and lawful, the necessary calculations were made, and payments were executed, the claims were unfounded and impossible to satisfy, and asked to dismiss the claim in full.

What was the court's decision?

The court denied the man's claim. The Municipal Institution of Extracurricular Education "City Palace of Children and Youth" of the Dnipro City Council timely paid him his salary and other compensatory payments, and did not violate the payment deadlines.

"The defendant timely paid the plaintiff his salary and other compensatory payments, did not violate the payment deadlines, and the additional payment for length of service was also made within the established deadlines, as confirmed by the relevant income certificates regarding the calculation and payment of his salary and other payments (copies attached to the claim). The plaintiff himself did not provide any evidence in his claim regarding which specific legislative deadline for payment of his income was violated by the defendant, which also indicates the lack of motivation in the claim, as the main condition for the payment to the citizen of the compensation provided for by Article 2 of Law No. 2050-III is a violation of the established payment deadlines for accrued income," the court emphasized.