UAH 240,000 Compensation After Unlawful Dismissal

In September 2023, lawyers from Labor Initiatives’ legal clinic successfully defended the labor rights of a healthcare worker in appellate court.

The employer terminated the employee under Part 3 of Article 40 of Ukraine’s Labor Code, which addresses repeated failure to meet responsibilities or adhere to workplace rules. However, the court determined that this legal clause was misapplied. According to the law, a dismissal is lawful only if the employee has previously received a valid and unexpired disciplinary or public reprimand—requirements that were not satisfied in this instance.

LI lawyers prepared all necessary legal documents and provided full legal support during the proceedings. The appellate court ruled in favor of the worker, ordering her reinstatement and awarding over UAH 240,000 (approximately $6,500) in compensation for the entire period of forced absence from work.

This case once again underscores the importance of proper application of labor legislation in disciplinary dismissals and the critical role of legal support in defending workers’ rights.