M
Misechko & Partners secured the reinstatement of a department head at Gas Transmission System Operator of Ukraine LLC
Misechko & Partners represented a client, a head of one of the departments of Gas Transmission System Operator of Ukraine LLC, in an employment dispute regarding unlawful dismissal.
The claim was initiated following the employee’s dismissal by an order of the General Director of Gas Transmission System Operator of Ukraine LLC based on Article 147 of the Labour Code of Ukraine, which defines types of disciplinary sanctions but does not establish legal grounds for termination of employment at the employer’s initiative.
During the court proceedings, it was established that the employer failed to comply with the requirements of Ukrainian labour legislation, in particular, did not identify valid legal grounds for dismissal as предусмотрено Articles 40 or 41 of the Labour Code of Ukraine, failed to prove any systematic breach of labour discipline, and violated the procedure for applying disciplinary sanctions.
As a result, the court of first instance declared the dismissal unlawful and reinstated the employee to his position.
The employer appealed the decision; however, the Kyiv Court of Appeal upheld the judgment, confirming the unlawfulness of the dismissal.
The project was handled by Iryna Borysenko and Nataliia Shlapak, attorneys at Misechko & Partners.