On December 10, 2024, the Dnipro Court of Appeal considered the case of a programmer who demanded that her former employer return UAH 96,476.84 in unpaid wages. We tell the details of the story.
On December 10, 2024, the Dnipro Court of Appeal considered the case of a programmer who demanded that her former employer return UAH 96,476.84 in unpaid wages. We tell the details of the story.
In July 2024, the programmer filed a lawsuit against the Prydniprovska Geophysical Exploration Expedition of the State Geophysical Enterprise «Ukrgeofizika», the State Geophysical Enterprise «Ukrgeofizika», in which she set out demands for the joint collection of wage arrears from the defendants in the amount of UAH 96,476.84.
The plaintiff based her claims on the fact that she was hired to work at the Prydniprovska Geophysical Exploration Expedition of the State Geophysical Enterprise «Ukrgeofizika» on August 16, 1994. And by order No. 17 of June 3, 2024, the plaintiff voluntarily resigned from work at the Prydniprovska Geophysical Exploration Expedition of the State Geophysical Enterprise «Ukrgeofizika».
At the time of dismissal, the Prydniprovsk geophysical reconnaissance expedition of the State Geophysical Enterprise «Ukrgeofizyka» had a salary debt to the specialist as of June 11, 2024 in the amount of UAH 96,476.84.
In response to the plaintiff’s numerous appeals regarding the payment of salary arrears, the Prydniprovsk Geophysical Exploration Expedition of the State Geophysical Enterprise «Ukrgeofizika» referred to the lack of proper funding from the State Geophysical Enterprise «Ukrgeofizika». Due to the existence of salary arrears that arose upon dismissal, the plaintiff is forced to file a lawsuit with the court for its compulsory collection.
By the decision of the Novomoskovsk City District Court of Dnipropetrovsk Region dated August 6, 2024, the claim was partially satisfied. From the Prydniprovska geophysical reconnaissance expedition of the State Geophysical Enterprise «Ukrgeofizika» in favor of the programmer, the arrears of wages upon dismissal in the amount of UAH 96,476.84 and legal expenses in the amount of UAH 3,000. The rest of the claim was denied. The issue of the distribution of legal costs was resolved.
The court of first instance, partially satisfying the claim, proceeded from the validity and provenness of the claims, as well as from the fact that the employer — the Prydniprovska Geophysical Exploration Expedition of the State Geophysical Enterprise «Ukrgeofizika» — is responsible for the violation of labor legislation.
However, the programmer did not agree with the court’s decision, and in her appeal, she demanded that the decision be overturned with the adoption of a new one to partially satisfy her claim, collect the arrears of wages and legal aid costs from the State Geophysical Enterprise «Ukrgeofizika».
The illegality and unfoundedness of the court decision, in the opinion of the applicant, lies in the fact that branches and representative offices, which are not legal entities, are not endowed with civil procedural capacity and cannot act as a party in a civil proceeding, and since the defendant Prydniprovska Geophysical Exploration Expedition is a separate structural unit without the status of a legal entity, the salary arrears should be collected from the legal entity — the State Geophysical Enterprise «Ukrgeofizika».
In response to the appeal, the State Geophysical Enterprise «Ukrgeofizika» objected to the satisfaction of the appeal, requesting that it be dismissed.
The court decided to partially grant the programmer’s appeal and overturn the decision of the court of previous instance.
The claim of a specialist of the Prydniprovska geophysical reconnaissance expedition of the State Geophysical Enterprise «Ukrgeofizika» to the State Geophysical Enterprise «Ukrgeofizika» for the collection of salary arrears was partially satisfied.
It was decided to recover from Ukrgeofizika the salary arrears upon dismissal in the amount of UAH 96,476.84 and legal aid costs in the amount of UAH 3,000 in favor of the programmer.
A court fee of UAH 3,028 shall also be imposed on the defendant employer.
The decision of the court of appeal enters into force from the date of its adoption and may be appealed in cassation directly to the Supreme Court within thirty days from the date of the full court decision.
