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Ilyashev & Partners Defends International Company in a Supreme Court Employment Law Case

News date: 8 April 2024

The Supreme Court’s Civil Cassation Court has ruled in favor of a Ukrainian subsidiary of an international corporation in a dispute over a claim of unfair dismissal and non-pecuniary damages filed by a former employee.

With the coordinated efforts of Ilyashev & Partners’ experts, the client’s operational excellence and strict compliance with employment laws were proved in court.

In 2021, the Ukrainian enterprise of a transnational corporation changed its organizational structure and employee count. The reduction in the number of personnel was carried out in compliance with employment laws and vacant positions at the enterprise were offered to provide the employee with an opportunity to work in an innovative company with decent remuneration. Rather than proceed with working, the employee rejected offers and filed a lawsuit to recover money from the company.

By implementing a well-founded and comprehensive client protection strategy, Ilyashev & Partners’ team intervened promptly. The Shevchenkivskyi District Court of Kyiv City confirmed the legality of the company’s actions regarding employee dismissal.

Disagreeing with the decision of the court of first instance, the employee filed an appeal. Ilyashev & Partners’ lawyers presented irrefutable arguments in the Kyiv Court of Appeal regarding the employer’s compliance with the procedure for dismissing an employee. Despite his lack of a preferential right to retain the job and underperformance indicators compared to other employees in a similar position, he was offered a decent job, which he turned down. The Kyiv Court of Appeal found that the company had legal grounds for dismissal and that there was no violation of the claimant’s employment rights.

The Supreme Court ruled in favor of the employer and confirmed the legality of its actions and decisions.

Ilyashev & Partners Law Firm represented the employer at all stages of litigation up to the Supreme Court. The case was handled by Valeriia Gudiy, Partner, and Oleksandr Rudenko, Counsel.